Ensuring Compliance and Fair Decision-Making for Stair Repairs in a Townhouse Complex

Ensuring Compliance and Fair Decision-Making for Stair Repairs in a Townhouse Complex

Question:

How can I ensure that all owners in our townhouse complex consider the potential consequences of unsuitable stair repairs, especially when only a limited number of units are directly affected by the loss of access?

I live in a two-story townhouse complex with eight units in Far North Queensland. My unit and one other are located on the first floor and are only accessible by external front and back steps. The remaining units are on the ground floor or split-level with two entrances.

Our back steps were recently repaired, but the front steps are in poor condition and need urgent attention. Rear access to the top-floor units is too narrow for some furniture items. The body corporate has obtained quotes to repair or replace the front stairs and plans to vote on this at the upcoming AGM.

Since only two units are directly affected by the front steps, some owners are discussing replacing the steps with an unsuitable, cheaper option. This decision may not be in the best interest of the entire complex. Unsuitable front steps would significantly impact my ability to access my garden, pool areas, the street, and emergency services.

How can I ensure all owners consider the potential consequences of access and make an informed decision?

Answer:

Be proactive, and do the work. After all, replacing the stairs is likely to be a once-in-a-decade (or more?) event.

By the sounds, what you are looking at is a motion at an upcoming AGM proposing to replace the front steps with steps that are narrower than the existing front steps. The problem with the narrow steps is, you won’t be able to get yourself, or your various goods and chattels, to where they need to be!

First up – talk to the committee and follow that up in writing. Explain your concerns and get that ‘on the record’ early. Next, do some digging; the National Construction Code / Building Code of Australia may have requirements for steps in the situation you describe. The steps will almost certainly also be a fire egress pathway, and there will be rules about their pitch, width, accessibility, and the like, so they are an effective and safe means of escape from the building in the event of a fire.

Happily, it is usually the case that replacement triggers compliance with the more modern standards, whereas repair (unless it is very significant) usually does not. You may find that compliance with the NCC / BCA, and fire standards, yields requirements for a set of new steps that are quite a bit different from the proposed stairs.

If that is the case, tell the committee. Ask them if they are going to source quotes for compliant steps. If not, you should get quotes and get one or more motions on the AGM agenda to vote on your quotes. Those motions will form part of a group of ‘same issue’ motions voted on at the AGM.

Now, if you do all this work, you will best positioned for:

a. compliant options to be put forward, whether by you or the committee, to be voted upon and
b. a bad, that is an unreasonable or unlawful decision, to install non-compliant or unreasonably restrictive steps, to be able to be successfully challenged.

Bodies corporate can take away owner amenities in some circumstances (see for example The Village Centre at Kelvin Grove [2022] QBCCMCmr 117). It is on you to look out for, communicate and advance your needs. Be proactive, and do the work. After all, the replacement of the stairs is likely to be a once-in-a-decade (or more?) event.

–This article by Queensland Partner Michael Kleinschmidt first appeared in the StrataNews #717  Newsletter from LookUpStrata Pty Ltd.

© Bugden Allen Group Legal Pty Ltd. This is general information only and not legal advice. You should not rely on this information without seeking legal advice tailored to your specific circumstances.