Mr Strata said …. has anyone thought about the simplest and most obvious of all by-laws, normally by-law 5 under schedule 1 by-laws, being that you can not damage common property.
Mr S, I am of the opinion that just like most other By-Laws, #5 is intended to stop something (i.e. a breach) from occurring as opposed to the remediation of its physical consequences, and that it applies moreso to someone driving a nail into a common wall or deliberately defacing common property than it does to managing the activity of someone making changes to, altering, and/or adding something to that property.
This is a difficult area for all Owners Corporations as those Owners who want the benefits of Strata living whilst retaining the benefits of a stand-alone home when it comes to any and all activities within their “castle”, rarely seek its prior written consent before commencing renovations, and it’s difficult for Executive Committees and other interested Owners to detect and act upon un-consented activities at an early stage unless consequential activities such as noise and the parking of contractors’ vehicles impacts.
At the risk of beating my own drum again, our self-managed plan managed this situation in 2011 by unanimously resolving to establish and maintain a Register of Changes (including alterations, additions, and new structures) to the Common Property where, after a 6 month moratorium during which Owners could with guidance from the E/C provide details of any existing changes within their Lots, all those then visually confirmed as involving Common Property were described in the Register.
After adding-in all the changes to Common Property that the O/C had itself made over the years, the Register was then closed-off, and at the next General Meeting it was specially resolved to Register a Special By-Law stating in very specific terms that any changes, alterations etc not shown from time-to-time in that Register were un-consented by the O/C, and that the responsibility for maintaining and repairing those was the responsibility absolutely of the Owner/s from time-to-time of the Lot/s concerned.
I also include an item describing the above and the requirements under Sect 65A in my Report forming part of the Agenda for every AGM, and include advice re any inclusions in the Register (or not) at “other items” on every S109 Certificate provided prior to the settlement of a sale within our Plan.
OK it’s more work for the hard-working Secretary, but at least our O/C incorporating of course all its Proprietors is better, if not totally, protected from being lumbered by claims by Proprietors for the often expensive renovations and additions within their Lots to be maintained by it, and conversely from having to play catch-up by bluffing those Proprietors into maintaining and repairing their own renovations, and by quietening their noisy floors.
Almost four (4) years down the track, and our management system is working a treat!