We need to do major waterproofing works in our Body Corporate and someone stated that we need to get approval from the owners before we can undertake the work. Surely this is not required as it is maintenance and not an improvement to the common property?
Quote from the STSM Act:
Section 3. (1) A body corporate must perform the functions entrusted to it by or under this Act or the rules, and such functions include—
(l) to maintain all the common property and to keep it in a state of good and serviceable repair;
So yes, the Body Corporate is responsible for maintenance of the common property and it is not an improvement. The STSM Act only stipulates that owner approval is needed for improvements to the common property.
But what people forget about is the budget. If your maintenance is going to be outside of the scope of the approved budget you will have to first get a new budget approved – that is an ordinary resolution and remember that ordinary resolutions can only be passed at a general meeting.