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[amberdex]

I'd like to install a heat lamp in my bathroom, which has a false ceiling containing both the wiring to my bathroom and the plumbing to the unit upstairs from me.

Knowing that the light would recess into the cavity between mine and the upstairs unit, I checked with the strata manager regarding appoval.

They advised that a special by-law would be required in order to legally notify any subsequent owner that it was the units responsibility to maintain, not strata's.  To that end, I'd need to incur the expense of a lawyer to draft a by-law.  The strata company would not provide a wording for the by-law themselves, saying all their bylaws are copyrighted by the solicitors.

 

Given that the usage of the fitting is obviously exclusive to my property, I wonder if a special bylaw isn't a bit excessive?  Is there not an overarching regulation on exclusive usage which would cover this?  As a principle, I don't see any difference whether we're dealing with a heat lamp, an air-con unit, pipe work or wiring.

 

So the long and the short of it – is the only option a special by-law and if so, is it possible to source a 'template' by-law wording I can tweak and submit, rather than incurring the solicitors expense?

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[Jimmy-T]

This would be a perfect opportunity for you to persuade your Owners Corp to adopt the State Government's “Memorandum of Understanding” which seeks to clarify all these significant but small issues without going to the expense of writing and passing a new by-law every time someone wants to make a minor adjustment to their apartment.

You'll find an outline of the Memorandum HERE.  It clarifies so many niggly issues that every strata plan in NSW really should think about adopting it (and you can modify it to suit your specific needs) – but remember,  it doesn't necessarily apply if you don't formally adopt it.

Have a look then have a chat with your strata manager and EC chairperson.

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[Whale]

I can never fathom why Strata Managers have this attraction to Special By-Laws in circumstances where a simple authorisation from the O/C, incorporating a statement about who's responsible for on-going maintenance and repairs, would suffice.

In your case, the false ceiling is common property and the existing light fitting is yours, so just have a licensed electrician replace that fitting with a combined light / heat lamp and get on with your (warmer) life.

Then, as Jimmy suggests, make moves to have that L&PI Memorandum adopted at your next AGM.    

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