@bcr83 said:
I can understand that a SBL may be required however my SM has advised that it may have been approved with by law 5 – “damage to common property”
You only need a special resolution by-law if you are changing common property. Some would argue that glueing insulation to a concrete floor is changing CP but if you can lay the tiles without glue on the concrete, you definitely don’t need a by-law.
… we have an apartment completely tiled beneath me, would it not make sense to at least check what communications if any have taken place to the EC and if this particular by law was applied prior to this floor going in?
Yes it would, just to see how this has been handled in the past
… if it is ok for the unit below to have it then treating everyone equally, I should be able to have it? If not, then shouldn’t the owner for the unit below be advised of the breach etc?
This is more or less irrelevant. A slack previous executive committee may have allowed all sorts of breaches to pass on a nod and a wink. That can’t be allowed to create a precedent for a well-managed EC that comes in years later. Precedent is not considered at NCAT and neither should it be in your unit block.
I have made contact with companies who can provide acoustic underlay that exceed the standard with regards to noise transmission for tiled floors. If I have a SBL created and … I am satisfying the maintenance/upkeep requirement and adhering to noise transmission requirements, what else would someone be concerned about?
Firstly, which standard are you talking about? The Building Code standards for insulation are a joke but you won’t be laughing if you think they will protect you from complaints about noise. Behavioural aspects can and do come into play. Flamenco dancing and weight-lifting or, more seriously, running children and heavy bass surround sound from movies can make a mockery of acoustic insulation. That’s why some smart Owners Corps don’t say you must have acoustic insulation of such and such a standard but simply talk about the level of noise transmission (which is covered by your existing by-laws). In other words, if you get it wrong, and install a floor that turns out to be noisy, it’s your problem, not theirs.
Lastly, If I have a Bylaw created and then take it to the matter to AGM and it is not passed, that’s a significant cost to wear. Does it work in the way of being approved at the AGM and then the By Law is created to save the potential loss?
The AGM or any other general meeting can’t approve a by-law unless the specific by-law is presented at the meeting. What you need to do is negotiate with the executive committee and the strata manager and get their support for the by-law before you take it to the general meeting. Get them to tell you what they are concerned about and make sure that is covered by your by-law (if you need one).
EC support generally holds a lot of sway and, even if the general meeting doesn’t approve, it puts you in a good position to go to NCAT and ask them to order the Owners Corp to approve the by-law. But if you try to get the by-law through without EC approval you are facing an uphill battle and need to do some serious canvassing among your fellow owners.