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[David]

I’ve recently been advised by our strata manager that I’d need to add a bylaw, taking responsibility for common property, so we can remove the existing tiles in our laundry and renovate.

He says that he will not do this without using a solicitor “due to previous experience” and estimates it will cost $1500 to do so. Which is more than the cost of our our renovations plans.

Is that amount correct? Do we need to engage a solicitor or can this be done cheaper?

 

Thanks

 

 

 

 

 

 

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[Jimmy-T]

OK, a couplre of points – the strata manager is not the final arbiter of howthis should be done … it’s the owners corporation that has the final say and once your fellow owners realise they are each going to be slugged $1500 every time they want to undertake a minor renovation, they may be more sympathetic.

The fact that your strata manager says they have prior experience of this suggests that they may have an existing by-law on their records that could be used for your purposes. 

But individual by-laws for each item of work done in private lots is the least efficient way of doing this.

What you really want is a by-law that says all owners will take responsibility for all common property affected by renovations in their lot whether they get permission for it or not.

You want another by-law that outlines conditions for renovations – hours of work, noise limits etc etc – which also apply to all renovations.

Even if the Strata Manager can persuade the majority of owners that they need a lawyer-written by-law, it will save everybody money if you get one that applies to every future renovation.  And, because the by-law is to everyone’s potential benefit, the owners Corp should pay for it.

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[kiwipaul]

Totally agree with Jimmy’s points.

Sounds to me like your SM is getting a cut from the lawyer. Also even if you get a lawyer written bylaw what is to say you will get the 75% yes vote to get it registered.

If the OC cannot agree to a general bylaw (funded by the OC) then submit one yourself in plain English accepting responsibility for the ongoing repair and maintenance of this and future renovations in your lot. I don’t believe the OC should be involved at all with cosmetic renovations within the lot, that don’t affect others.

If they reject your plain English bylaw go ahead with the renovations anyway and let them take you to adjudication which I believe will be thrown out as you will have done everything right and the OC is being totally unreasonable rejecting your request.

Bear in mind that for the SM to go to adjudication he will charge the OC Thousands of $$ with every likelihood he will loose.

 

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