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New to strata living and we are having an issue with our EC re fly screens. By laws state
Cannot install without approval and rules state fly screens must be installed without a mid rail bar. Firstly not sure what the difference between by laws and rules are? Secondly from all the professional advice we have recieved, due to the large size of the doors, they must be installed with a mid rail. Our screens will not be guaranteed otherwise. We have presented this information to our EC and they are have for a second time defeated our application. Am thinking our next step is mediation through the Dept of Fair Trading? Advice, help please?!
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It sounds like the rules are a an addition to the by-laws and are basically a guide telling you the conditions under which fly-screens are more likely to be allowed. However, unless they are incorporated as part of the by-law they have little standing (although a phrase in the by-law along the lines of the by-law being “subject to rules that the EC may decide from time to time” may cover it).
I think you are right on the money with the the idea of mediation at Fair Trading. I can just about understand the issue of the mid-bar in terms of the look of the building from the outside but it seems to be so minor and nit-picky it will be hard for them to justify in front of an independent arbitrator. You’ll find the appropriate form HERE.
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