Special or Unanimous? Resolutions in Strata and Community Corporations
Posted on March 14, 2025
Owners within Strata and Community corporations are no doubt familiar with the terms special and unanimous resolution.
The meaning and requirements around each resolution are discussed in our earlier article accessible here.
Understanding the requirements for each of those resolutions is one thing, but knowing which is required in certain circumstances is another.
In most cases, the legislation, whether it be the Strata Titles Act 1988 (SA) (ST Act) or the Community Titles Act 1996 (SA) (CT Act), will prescribe the types of decisions which require a special or unanimous resolution.
The following is a non-exhaustive list of circumstances where special or unanimous resolutions are required:
Special resolution required |
Unanimous resolution required |
|
Vary articles / by-laws |
Allowing one owner to have exclusive use over part of the common property |
|
Erect a building or make improvements to common property |
Collection of contributions from members which are not calculated proportionate to unit / lot entitlement |
|
Remove officer of corporation |
Granting a lease / licence over part of a residential unit |
|
Undertake prescribed work (ie erect, alter, demolish or remove a building) |
Amending a strata plan / community scheme description |
|
Acquisition of property (other than real property) by a community corporation with a value less $5,000 |
Use of common property to produce income |
|
Approving expenditure of a community corporation which:
|
Grant easements over common property |
|
Acquisition of real property by a corporation |
||
Acquisition of property (other than real property) by a community corporation with a value exceeding $5,000 |
||
Approving expenditure of a community corporation which exceeds the sum equivalent to $5,000 multiplied by the number of lots |
Before a corporation passes a resolution, the legislation should be consulted to determine the applicable decision-making threshold.
If you require assistance to understand a corporation’s obligations, please contact our specialist Strata and Community Titles team.
