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Hi All
I Have a small one bedroom unit in which I installed floating floorboards in 2005 (12 years ago). I did not seek O/C approval at the time because I was told that if the floors were not affixed (glued or nailed) to any area of common property then they were not common property themselves and therefore I did not require approval.
Fast forward 12 years and I have recently had a noise complaint about the floors for the first time as a new tenant has occupied the downstairs unit. I have therefore decided to rip out the floors and lay carpet (i.e restore it to its original condition) as rugs have not alleviated the noise for the new neighbour.
Everyone is happy with this solution but the Chairperson of the OC continues to ask me why I didnt seek approval way back in 2005. I understand it is now a moot point but just wanted to get some advice on whether Floating Floorboards are in fact common property so I can go back to her with some sort of explanation.
Thanks
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These flooring elements are what are generally accepted as being common property:
(a) original floorboards or parquetry flooring affixed to common property floors
(b) mezzanines and stairs within lots, if shown as a separate level in the strata plan
(c) original floor tiles and associated waterproofing affixed to common property floors at the time of registration of the strata plan
(d) sound proofing floor base (eg magnesite), but not including any sound proofing installed by an owner after the registration of the strata plan.The floating floor that you installed is not common property.
You do not have to apply for permission from the committee or the OC to lay carpet – it is a “cosmetic” renovation
SSMA2015. Just go ahead and do it.If your scheme has an existing by-law that states that carpet installation needs approval then the existing by-laws which conflicts with the the new Strata Act are invalidated by the new Strata Laws.
You will note that carpet has not been classified as common property, neither the original carpet, nor any latterly installed carpet .
@giggsy11 said:
Everyone is happy with this solution but the Chairperson of the OC continues to ask me why I didn’t seek approval way back in 2005.Was there a by-law requiring you to do that. If not, I would just say that you, like 90 per cent of strata owners in NSW, didn’t realise you were supposed to as you didn’t think it affected anyone else.
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giggsy11 there is nothing in the act that requires you to speak or answer to the chairman directly, so don’t feel intimidated or obliged to answer his questions.
The answer is simple, there is no by-law because there is no by-law, you acted in reliance on what you were told at the time. Things have changed a lot since 2005.
As you said it is a moot point now, so perhaps suggest to the Chair that what happened or didn’t happen 12 years ago isn’t relevant.