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#20962
Jimmy-T
Keymaster

    @Stumped said:
    Now:  what about my renovations?  The other things are too, too debilitating.

    This has already been answered by Whale (Post No 3). The basic ruling on changes to the structure of your apartment that impact on common property is section 116:

    116Owners, occupiers and other persons not to interfere with structure of lot or services to lot

    (1)  An owner, mortgagee or covenant chargee in possession (whether in person or not), lessee or occupier of a lot must not do anything or permit anything to be done on or in relation to that lot so that:

    (a)  any support or shelter provided by that lot for another lot or common property is interfered with, or

    (b)  the passage or provision of water, sewage, drainage, gas, electricity, garbage, artificially heated or cooled air, heating oil and other services (including telephone, radio and television services) through or by means of any pipes, wires, cables or ducts for the time being in the lot is interfered with.

    (2)  The owner of a lot must not alter the structure of the lot without giving to the owners corporation, not later than 14 days before commencement of the alteration, a written notice describing the proposed alteration.

    NB:  If you’re not interfering with any of those things listed above, in the absence of any by-laws to the contrary, all you have to do is give the Owners Corp 14 days notice.

    However, any reasonably well-run building will have its own by-laws restricting the kind of work that can be done and under what circumstance, the hours of work, disposal of rubbish, use of lifts etc or, at the very least, a by-law that says something like “subject to the written permission of the EC”.

    Look at your by-laws and that’s where you will find the answer.

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