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[Anonymous]

Thanks for the reply JimmyT

Re the points:

1.  Your by-laws – what do they say about renovations in general and removing or changing common property?  They are the standard Model Rules.  In Victoria these state : “(1) An owner or occupier of a lot must not damage or alter the common property without the written approval of the owners corporation.”

2.  What do the strata laws say?  As above, as we have just the Model Rules.

3.  What do local council by-laws say?  Interior building renovations do not need Council approval.  Changing Essential Services such as fire sprinklers might need to conform to other laws.  And of course Building Regulations would always apply.

I already gave a copy of the document you suggested to the lot owner.

But all the above misses the problem somewhat.  Our OC Manager has told owners that their lots are private property and they do not need permission from the OC for any renovations.

I disagree with our Manager.  I think all renovations need written approval by the OC so that the OC can determine if Common Property is affected or not.  The OC might want to be sure that the renovations do not affect the building’s structural integrity or any common services used elsewhere in the building.  And the OC would want to be certain that fire safety systems are maintained to standards etc.

I’m trying to find documentation that clearly defines what is Common Property within a lot boundary in Victoria. Our Plan of Subdivision states that “All structural walls, slabs, beams, columns and ducts … are deemed to be part of Common Property.” And all lot perimeter walls and floors are marked as Common Property.  I think that common services (eg the fire sprinklers) are Common Property and that fixtures attached to Common Property walls and floors are also Common Property.  But I can't find any legal document that says this.

That our OC Manager has deemed lots to be private property and therefore not needing any OC approval is the issue.  Is the OC Manager correct?

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