› Forums › By-laws and outlaws › Unreasonable by-law? › Current Page
AJG – congratulations on your earnest efforts to do things properly, even though that’s being frustrated by what on the face of it appears to be a less than cooperative Executive Committee and O/C.
So far as the acoustics is concerned, have a talk with Regupol Aust P/L., who even though they sell what that make, has a specialist Strata Noise Team who you’ll find helpful. Just make sure that fully apprise them of the situation and what it is that you want to achieve, because in my experience they sometimes talk-down things such as the need (for you) to also soundproof those margins where the hard flooring abuts common walls.
With regard to the structural engineering issues, if you want a second opinion then contact Integrated Building Consultancy, they’re Sponsors of FlatChat and also have a specialist Team dealing with Strata issues, and may have some contacts in the acoustics specialty.
Now…. with regard to the O/C’s consent to your proposed alterations to the common property, again I’m afraid to say that what your Executive Committee has said is true, in that those can only be considered by way of a Special Resolution at a General Meeting, but you don’t have to wait until the next one of the “Annual” variety next April.
You could make a formal request to the E/C Secretary for them to convene an Extra Ordinary General Meeting (EGM) to consider your proposed changes and renovations, and offer to pay for any O/C’s costs to do such as for the venue or for your Strata Manager’s time, OR, should that be denied try to gain the support of 25% of your fellow Owners as determined by their Lots’ units of entitlement to sign a “requisition” (a petition) requiring the E/C to convene such an EGM, where the E/C Secretary must then do so under the provisions of Sch 2, Cl 31(3) of the NSW Strata Schemes Management Act (SCMA).
It’s worth noting that if it eventuates that your E/C or O/C cannot make up its mind one way or another on any submission that you’ve made after 2 months, then you can seek Orders from the NCAT to have an Adjudicator make a decision for them under Sect 138 2(b) of the SCMA.
Finally, as you’re new to Strata have a read through THIS excellent publication of the NSW Office of Fair Trading.
