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Topic
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We have an E C member who wants to knock down most of a wall between his kitchen and loungeroom. He wants to get an engineer’s design and then he wants the E C to permit his work. He alleges he was told by a local council official that no development application is required, merely lodging the engineer’s plan.
The wall is probably a supporting wall for the floor slab above. How can E C members protect themselves from the risk that, whatever the engineer says, removing the wall might cause structural damage later?
Can the strata chairman disqualify the member from voting on the matter because of his obvious interest in it?
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Replies
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The EC member is correct. Unless the wall being altered is a common wall, the owner is not required to lodge a DA or a by-law. There’s no requirement for a vote by other owners either.
We don’t know if it is a common wall. We also don’t know if the wall is load bearing (in which case it is common property), or if the proposed alterations affect common property in some other way.
chesswood says that the wall is probably a load bearing wall.
In relation to the purported advice from the Council official, Council approval may also be required if the dimensions of a room are being changed.
So what the applicant needs to do is supply all the necessary information in order for the EC to make a decision about the proposal. This includes:
– complete scope of works, including any works that may impact common property, and drawings.
– engineer’s report in relation to the wall, specifically in relation to the load bearing issue. Note that the EC can get its own report on that.
– written advice from the Council in relation to development approval, i.e. whether or not it is required.
Note that if a DA is required the OC has to approve putting its common seal on the application.
That gives the EC a starting point. Note that if the works do affect common property and/or if the wall is load bearing, then the approval of the owners is required which has to be by way of a resolution at a general meeting. You would expect for a special by-law to be put in place to cover the works in that case.
It is not correct that no approval is required if works don’t affect common property. Section 116 of the current Act provides that an owner must give at least 14 days notice of an intention to alter a lot. This gives the EC time to consider whether further information is required or whether in fact more formal approval needs to be given. (or for the EC to seek an order stopping works)
Back to the original question re the owner voting. You can’t say they have a material personal interest in the matter, even though it is their lot, so they shouldn’t be excluded from voting. To clarify – there is a distinction between a person getting a benefit e.g. in some financial way, such as the scheme entering into a contract for the provision of services from a lot owner, and them “benefitting” merely by virtue of doing works to their lot.