Improvement vs Maintenance

What is considered an improvement to property and what is considered maintenance? We break down this tricky topic to help you understand the difference. Check out our top 3 takeaways below.

Our Top 3 Takeaways for Improvements vs Maintenance  

Get The Basics In Place  

Rely Upon Past Decisions  

There are plenty of past decisions, as our webinar highlights. Rely upon them to give you the guidance you need. Where necessary, seek legal advice to get application of them to your situation. That might sound like a lot of effort but where a lot of money is involved, it will be worth it.   This is especially the case if the issue is likely to be a contested one 

Don’t Cut Corners 

There is no substitute for due process and when it comes to maintenance or improvement, there might be several levels of approval. Each one might have a different threshold of approval. If in doubt, seek clarification but when it comes down to it, ensure you convene the ‘right’ meeting and seek the ‘right’ threshold. Don’t hope you can get away with what seems easiest or most convenient at the time.  

Useful Links:

The QCAT case - https://www.sclqld.org.au/caselaw/QCATA/2022/15 

 Admiralty Towers II - http://www8.austlii.edu.au/cgi-bin/viewdoc/au/cases/qld/QBCCMCmr/2008/151.html?context=1;query=colour%20change%20being%20special%20resolution%20;mask_path=au/cases/qld/QBCCMCmr 

 Our newsletter on the issue - https://blog.hyneslegal.com.au/news/a-fresh-coat-of-paint-maintenance-or-improvement 

Hynes Webinar Hosts

Frank Higginson

Partner & Director @ Hynes Legal

Frank has extensive experience in strata law and is an active participant in the body corporate and management rights industries. He regularly presents at industry events and offers thought leadership on why strata and body corporate disputes need to be resolved in a different way.

Chris Irons

Director & Consultant @ Strata Solve

Formerly Queensland's Commissioner for Body Corporate and Community Management, Chris' experience in dealing with strata issues and resolving conflict in body corporate is unmatched. Chris bring unmatched experience to the table as well as a unique perspective on solving issues in strata. Chris now heads up strata consultancy firm Strata Solve.