#45489
Jimmy-T
Keymaster

    You might assume that the fact the work is no-impact or low-impact on common property makes it a “cosmetic” renovation but Section 106 of the Act states that “prescribed” work isn’t covered by that section (below). Installation of split system aircon is prescribed work (in the strata regs).

    Also Section 106 excludes work that changes the outward appearance of the lot (even if it means it will look exactly like the other lots).

    So, basically we are back at the previous advice.  Tell them that you are installing the air-con, send them the details and inform them that they don’t need a full general meeting to approve it as it could be done via a ringaround.

    Section 106 Cosmetic work by owners

    (1)  The owner of a lot in a strata scheme may carry out cosmetic work to common property in connection with the owner’s lot without the approval of the owners corporation.

    (2)  Cosmetic work includes but is not limited to work for the following purposes—

    (a)  installing or replacing hooks, nails or screws for hanging paintings and other things on walls,

    (b)  installing or replacing handrails,

    (c)  painting,

    (d)  filling minor holes and cracks in internal walls,

    (e)  laying carpet,

    (f)  installing or replacing built-in wardrobes,

    (g)  installing or replacing internal blinds and curtains,

    (h)  any other work prescribed by the regulations for the purposes of this subsection.

    (3)  An owner of a lot must ensure that—

    (a)  any damage caused to any part of the common property by the carrying out of cosmetic work by or on behalf of the owner is repaired, and

    (b)  the cosmetic work and any repairs are carried out in a competent and proper manner.

    (4)  The by-laws of a strata scheme may specify additional work that is to be cosmetic work for the purposes of this section.

    (5)  This section does not apply to the following work—

    (a)  work that consists of minor renovations for the purposes of section 110,

    (b)  work involving structural changes,

    (c)  work that changes the external appearance of a lot, including the installation of an external access ramp,

    (d)  work that detrimentally affects the safety of a lot or common property, including fire safety systems,

    (e)  work involving waterproofing or the plumbing or exhaust system of a building in a strata scheme,

    (f)  work involving reconfiguring walls,

    (g)  work for which consent or another approval is required under any other Act,

    (h)  any other work prescribed by the regulations for the purposes of this subsection.

    (6)  Section 108 does not apply to cosmetic work carried out in accordance with this section.

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