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Topic
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The Strata is having an EGM to approve renovations in a unit.
Some internal walls that are non load bearing are to be removed along with other changes.
The point is in the proposed by-law, there doesn’t appear to have a clause in it to state that if there is any damage caused in the future by these renovations, that it is the responsibility of the Owner, or future Owners, to repair the damages at their expense and not the responsibility of the OC.
I can’t seem to find a wording for this clause.
Could you please provide me with proper wording for this clause!
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Replies
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Hopefully this will help you out:
(1) Procedure for authorising changes to common property An owners corporation or an owner of a lot in a strata scheme may add to the common property, alter the common property or erect a new structure on common property for the purpose of improving or enhancing the common property.
(2) Any such action may be taken by the owners corporation or owner only if a special resolution has first been passed by the owners corporation that specifically authorises the taking of the particular action proposed.
(3) Ongoing maintenance A special resolution under this section that authorises action to be taken in relation to the common property by an owner of a lot may specify whether the ongoing maintenance of the common property once the action has been taken is the responsibility of the owners corporation or the owner.
(4) If a special resolution under this section does not specify who has the ongoing maintenance of the common property concerned, the owners corporation has the responsibility for the ongoing maintenance.
Felix – It appears from your comment that the renovations have been deemed by your owners corporation to be “minor renovations” under the new definitions in the latest legislation. The new SSMA 2015 [s110(5)] should allay your concerns with regard to any damage of the common property as a result of the renovations. In summary it states that an owner must ensure that any damage caused to any part of the common property by carrying out minor renovations is repaired and the minor renovations and any repairs are carried out in a competent and proper manner.
Approval under section 110 cannot be unreasonably withheld, and can be granted subject to reasonable conditions. If your owners corporation is particularly anxious then your owners corporation can approve the renovation conditional upon the owner signing an indemnity form covering repairs and damages to the common property.
Felix – Not all walls are load bearing. Non-load bearing internal walls are not defined as common property. Re-configuring non-load bearing walls is now classified as a “minor renovation” under [s110] of the new Act.
NB: The removal of structural walls would not be classified as ‘minor renovations’ and would therefore require a Special Resolution and a By-law.
Check with your local council for whether the removal of an internal non structural wall, where the dimensions of any room are changed, requires a Council Development Application. This may still be required by some Councils. The Council Development Application would require approval by the Owners Corporation.
See link for further analysis:
Felix – The waterproofing is not a “minor renovation”. See below for what constitutes a “minor renovation”. From my assessment the other works that you have included may be considered “minor renovations”. Your owners corporation can include conditions on all the works e.g. the installation of acoustic underlay etc.
STRATA SCHEMES MANAGEMENT ACT 2015 – SECT 110
Minor renovations by owners
110 Minor renovations by owners
(1) The owner of a lot in a strata scheme may carry out work for the purposes of minor renovations to common property in connection with the owner’s lot with the approval of the owners corporation given by resolution at a general meeting. A special resolution authorising the work is not required.
(2) The approval may be subject to reasonable conditions imposed by the owners corporation and cannot be unreasonably withheld by the owners corporation.
(3)
“Minor renovations” include but are not limited to work for the purposes of the following:(a) renovating a kitchen,
(b) changing recessed light fittings,
(c) installing or replacing wood or other hard floors,
(d) installing or replacing wiring or cabling or power or access points,
(e) work involving reconfiguring walls,
(f) any other work prescribed by the regulations for the purposes of this subsection.
(4) Before obtaining the approval of the owners corporation, an owner of a lot must give written notice of proposed minor renovations to the owners corporation, including the following:
(a) details of the work, including copies of any plans,
(b) duration and times of the work,
(c) details of the persons carrying out the work, including qualifications to carry out the work,
(d) arrangements to manage any resulting rubbish or debris.
(5) An owner of a lot must ensure that:
(a) any damage caused to any part of the common property by the carrying out of minor renovations by or on behalf of the owner is repaired, and
(b) the minor renovations and any repairs are carried out in a competent and proper manner.
(6) The by-laws of a strata scheme may provide for the following:
(a) additional work that is to be a minor renovation for the purposes of this section,
(b) permitting the owners corporation to delegate its functions under this section to the strata committee.
(7) This section does not apply to the following work:
(a) work that consists of cosmetic work for the purposes of section 109,
(b) work involving structural changes,
(c) work that changes the external appearance of a lot, including the installation of an external access ramp,
(d) work involving waterproofing,
(e) work for which consent or another approval is required under any other Act,
(f) work that is authorised by a by-law made under this Part or a common property rights by-law,
(g) any other work prescribed by the regulations for the purposes of this subsection.
(8) Section 108 does not apply to minor renovations carried out in accordance with this section.
Note : Section 132 enables rectification orders to be made against owners of lots for damage caused by work done by owners.
You are more likely to find that council planning laws might prevent the changes. City of Sydney’s by-laws say you need a DA if you are changing the configuration of the rooms (this is to prevent noisier rooms like bathrooms being positioned above or next to quiet rooms like bedrooms in other units). But all you do is get the builder to say it’s a complying development and it all goes through anyway.
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Felix – In addition to Jimmy T’s wise words … All renovation works, which fall outside the definitions of “cosmetic works” and “minor renovations”, will require a special resolution pursuant to Section 108 (Changes to Common Property By-law) and/or a new by-law Section 142 (Common Property Rights By-law).
Bathroom renovations, if they involve waterproofing, will automatically require a special resolution and a new by-law.
Whether the kitchen renovation requires a special resolution or a new by-law depends on the scope of works. If only the cabinetry is being replaced then it will not require a a special resolution and a new by-law (i.e. only an ordinary resolution will be required), however if waterproofing is applied then this will trigger the need for a special resolution and a by-law.