Special by laws can be used as a deterrent for owners wanting to make changes that may not be for the good of the whole complex. We have had a couple of occasions where owners have asked to make changes to common property areas of their units. These changes could not have been done by all units, due to the different build types in this complex, so doing a blanket special by law to allow such changes would have benefited some but not most. We also did not believe that these changes were a good idea. These owners however argued and argued. We were advised that should these works go ahead that a special by law, paid for by the owner and covering just the changes to the individual unit, be drawn up. Suddenly these “simple changes” became something more with the additional cost of the special by law. Needless to say the owners did not pursue.
The only special by laws here are those that benefit the complex as a whole and every owner. We had one done regarding the plumbing and bathrooms areas of the units. This was after continuous requests from owners to do everything from change the washers in the kitchen to re do the bathroom please. With the bathrooms we realised that in the model by laws any original tiles were considered common property however in this complex, where owners bought off the plan and could choose the colours, designs, fittings and fixtures to their hearts content, there is no such thing as an original tile. We have no idea what people chose for their units. Perhaps my neighbour chose hand cut italian marble tiles and an imported toilet suite. If so, and that was considered original, then we would have to replace like for like. Not to mention that the owners in this complex, as I have stated on previous occasions, believe that living in strata means that they can change their bathroom without permission and do whatever they like and if it all goes to pot then their neighbours will have to pay to have it done again. Hence the by law for bathrooms and plumbing.
We also have blanket approvals for foxtel dishes, whirly gigs, pergolas, all things that would benefit every unit in the complex. If it benefits all, then the complex can have a by law drawn up. But if it only benefits one, then that owner can pay and perhaps consider whether it is truely worth it, with the additional cost.