- This topic has 1 reply, 2 voices, and was last updated 9 years, 9 months ago by .
-
Topic
-
This question is sparked by the new Act effective on 1/12/2016.
I understand there are new model bylaws that can be considered and adopted by Owners Corporations. Until this is done the old by laws are still in force.
We have the old model by laws, one of which prevents screwing hooks into common property. The new act allows this activity.
I understand that a by law cannot override the act.
So, can I screw hooks into common property (as allowed by the new act) before the old bylaws are either altered or replaced by new bylaws?
-
Replies
-
If you are in a pre-1996 scheme, the by-law has changed automatically (see below and note qualifying rider at the end).
As you can see, there is an inbuilt contradiction but that is resolved by the superiority of the Act over any by-laws.
Also remember that all strata schemes have to review their by-laws in the next year and, if the review is conducted properly, by-laws that don’t fit with the Act should be rewritten or removed. I believe this by-law would be a prime candidate for that.
Even so, there is a clear distinction in the Act that says the common property concerned must be connected to the lot: “The owner of a lot in a strata scheme may carry out cosmetic work to common property in connection with the owner’s lot without the approval of the owners corporation.”
So, yes, you can screw hooks into INTERNAL common property walls without permission but bear in mind that the Act also makes you liable for any damage you cause in so doing.
One other thing occurs to me – can the owners corp now prevent you from painting the outside of your door a different colour?
Meanwhile, here is the relevant by-law for pre-1996 schemes:
5 Damage to common property
(1)An owner or occupier of a lot must not mark, paint, drive nails or screws or the like into, or otherwise damage or deface, any structure that forms part of the common property without the approval in writing of the owners corporation.
Note. This by-law is subject to sections 109 and 110 of the Strata Schemes Management Act 2015.If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.