@Mr Strata said:
… it has been made apparent by many of the leading strata lawyers that a generic by-law is not suitable for this type of renovation and there should be specific by-laws for each lot, noting that you can not approve the renovation without a Special Resolution anyway.
Yes, and yet “leading strata lawyers ” have written, re-written and amended generic by-laws for their client owners corps.
I think we have to differentiate between a by-law that tries to cover every possible eventuality and scenario (danger, danger!) and one that is a template for identical circumstances in largely identical apartments.
If all I need is a by-law thaqt protects the Owners Corp in case my tiler doesn’t waterproof the bathroom floor and walls properly, why do owners need to have the same provisions re-written at considerable cost every time this comes up?
If all you are changing is the lot number on the by-law, I don’t see how this requires the work of a strata lawyer and a strata manager (who may have never set foot in the building) to check if this is appropriate.
Good flexible by-laws that place responsibility where it belongs are essential. And in circumstances where the lot owner is going way past the parameters outlined in the by-law, you would start drafting a new one.
But paying lawyers hundreds of dollars to Tippex out one lot number, write in another and then photocopy it, is as close to a rort as I can imagine.
Having said that, I’m sure some “leading strata lawyers” would vehemently disagree. But would they refuse the gig on principle if you asked them to write a template by-law?
I rest my case …