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I am part of an OC where an owner has submitted for a major renovation – removal of wall, this wall then changes the kitchen which is complete replacement, complete bathroom renovation, the addition of a 2nd toilet in the laundry – reconfiguration to add a partition to this room as well as new flooring throughout.
I have some questions to make sure we have this correct:
The original request was defeated at the meeting and the owner has resubmitted their request. Some of the additional information requested is part of the by-law documentation and is referenced in the annexures e.g. updated slab penetration report to show all penetrations.
Some additional reports / information have been provided separately such as the sanitary report to confirm the block can take a 2nd toilet and fire compliance. Do these additional reports need to be added to the by-law as annexures? Or can they stay separate but as an attachment as part of the request?
The owners original contractor (contractor A) is not eligible to do the work of the wall removal and also has restrictions on their license so they are not able to register for HBCF. Renovation is over $100k This is who has quoted all the work.
The owner has provided the name of a different contractor (contractor B) saying they will provide the HBCF and do the demolition and beam install as they are licensed. Does the by-law and all quotes then need to be updated to come from contractor B who is the HBCF compliant company? Or can they stay in the original form from contractor A?
Does the owner need to submit plans of what the floor plan will be or is it fine to just have the structural report showing where the wall is removed and the beam going? No layout of the bathroom, kitchen or 2nd toilet / laundry have been provided.
Can we insist on the complete plan with measurements for the 2nd toilet / laundry to ensure the legal distance between the new wall & detector is observed?
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You are entitled to see a floor plan because the changes to the layout could affect the amenity of adjacent flats (especially the one below). The floor plan changes will also have to be approved by your local council via a DA. Even if the annexures aren’t required as part of the by-law, they should be provided before the by-law is approved. The Tribunal will only overturn refusal of permission if the grounds are unreasonable. The renovator needs to provide all the information you want or face the prospect of refusal.
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Do you have a strata manager? I’d like to think the SM would be working through all of this with the owner who wants to do the renovation and making sure all the relevant document is provided. That said, the SM may be very busy with multiple schemes and it could fall to the Secretary and other Committee members to chase it all up and make sure the by-law is internally consistent. My preference is to have all the plans attached to the by-law. If they are not, how does a potential future buyer of that property know if the renovation that was completed was ever actually approved? Sometimes the contractor names can’t be included in the by-law because th ey change after the by-law is approved (contractors pull out, or are unavailable, some refuse to quote until after the reno is approved by Council). But if the owner is trying to do the right thing, and the Committee is engaged and maintaining open and constructive lines of communication, then it should be possible to get the proper documentation in place. Remember that the by-law is not just a document that gives approval for the reno. It has to stand the test of time as it specifies who is responsible for what on an ongoing basis, and it communicates to a future potential buyer of that property what they are responsible for. So the owner has to be prepared to spend money on adjustments to that by-law if the project changes mid-stream.