This article discusses whether an owners corporation in NSW can decide to replace common property, such as a balcony, even if it remains structurally sound.
Question: Can strata force an owner to replace a common property balcony if it’s old but structurally sound?
My large tiled balcony is classified as common property. Strata wants to replace it, but there’s no evidence of leaks, either into my unit or the unit below. Although the balcony is old, a qualified builder has assessed it as sound, and the waterproof membrane appears intact. Can owners be compelled to have a common property balcony replaced under these circumstances?
Answer: Ultimately, the owners corporation can make a decision to replace common property.
It is difficult to be specific based on the limited information provided, as the reasons behind the owners corporation’s decision to replace the balcony are not known.
One possible justification could be that the owners corporation has passed a special resolution to undertake a scheme-wide upgrade under section 108 of the Strata Schemes Management Act 2015.
Another potential reason may relate to non-compliance of the balustrades with the current Building Code of Australia, which could present a safety risk. Such rectification work often requires replacement of the balcony waterproofing as part of the process.
It is also possible that the owners corporation is carrying out significant rectification works to other balconies, and the owners corporation wishes to ensure a consistent appearance and standard across the building.
Ultimately, the owners corporation can make a decision to replace common property.
Jana Antelmann
Strata Life
E: jana@thestratalife.com.au
P: 02 9456 9917
This post appears in the December 2025 edition of The NSW Strata Magazine.
Have a question or something to add to the article? Leave a comment below.
Read next:
- NSW: Going it Alone With Repairs and Maintenance
- NSW: Q&A Shutting Facilities and Restricting Access to Common Areas
- NSW: Q&A Strata approval for renovations – What is the process?
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