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I have a large balcony area on my unit entitlement with a covered pergola erected. I wish to attach a retractable shade blind to the front of the pergola to deflect the western sun. I have been told I need a by law approved as I am changing common property. I believe the pergola is not common property and I only need Owners Corp approval to ensure the shade blind is in keeping with the appearance of the block. Has anyone encountered anything similar
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I am in the same boat. My apartment gets the full blaze of the western sun in the afternoon and I want to have a pull down blind. My apartment block has 18 apts with balconies but mine is on the top floor and doesn't have as much cover. I was also told I have to get permission for plantation shutters inside my apt despite the fact that there is no uniformity of blinds / curtains / window coverings with the other apts. Applied back in April and haven't heard a thing. Even though I am now on the Executive, there's a horrible old bag who has an investment apt and opposes everything. Have only been there a year but feel there are many battles to be fought with this creature in the future.
Could I try and get a majority vote on compassionate grounds? I can't see how blinds / shutters on the top floor at the back of the building would make any difference to anyone else but would take the glare and heat out of my lovely home and make my living so much more pleasant.
Monique
If the pull-down blind sounds like an awning and you will a) be changing common property and b) changing the external appearance of the building, both of which will require permission.
But regarding the shutters, on what basis have you been told to get permission? Which of your bylaws requires you to conform to a standard and what is that standard?
If you have asked for permission in writing and they can't be bothered to reply, you can assume it's not a big issue. Send them a letter telling them what you plan to do then do it.
Regarding the “old bag” – she is just one voice and one vote on the Executive
Committee. You can assume that you're not the only person she's frustrated over the years so get yourself some allies then let her have her rant … then outvote her.
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This is an area that I believe the current model bylaws and bylaws in general do not cover. Blinds, shutters, awnings, pergolas etc all effective ways to cut down on heat inside a dwelling without resorting to using air con. These methods are very effective at keeping the heat out and therefore reducing the need for cooling.
The model bylaws state that an occupier can make changes (within reason) that are for the purpose of security and keeping out insects. I believe that this should include the above methods of protecting a home from the effects of the summer sun.
Of course, there would have to be ground rules laid down by individual stratas. The colour, type, where and how placed, to protect the strata complex from looking like a a hodge podge of bits and pieces. An owner should be allowed to do something if they wish to reduce the heat inside their home (without the OC being responsible for upkeep).
In any complex, some units will have more heat affecting them than others (such as Monique on the top floor). So of course the others don't know what the fuss is about. Same in this complex. Some suffer the summer sun alot, some suffer just a bit.
I believe the model by laws need to be updated to include such matters as energy effective cooling in existing strata complexes as to what an owner can (and of course cannot) do.
Thanks for the advice and support. I contacted my Strata Manager today and he has told me that I can put in the plantation shutters without this having to be voted on but for the outside blind, I need to get a solicitor to draw up a by-law that will be put to a vote by the Owners. I have to get a 75% vote to have it approved. I am hoping the owners will be reasonable but if not, I am prepared to go to Fair Trading. Apparently a few years ago the previous owner of my apartment wanted to get air-conditioning and this was opposed, twice mainly because a few of the investors thought that their tenants would then request air conditioning. Not that they admitted that of course, they claimed the airconditioning would be a drain on the power in the building. When Fair Trading was mentioned and how unreasonable they would appear, especially to the older people living in the building, they caved and now apartments can have air conditioning. At least I have had a win with the Plantation shutters
Only you can tell if the pergola is common property or not and you can do that by looking at the original strata plan and any amendments made to it by by-laws and special resolutions since it was drawn up. It may, for instance, have been erected under a special resolution by-law, it could have been there as part of the building, or it could have been installed without permission (which means it is probably common property now).
If the building is older then 30 years, there's a very good chance that it's not common property but we can't tell if you can't. Check with your strata manager or look at the documents that came with the unit purchase.
However, if you give us more detail we may be able to hazard a guess.
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