You might remember that some 18 months ago I tried to renovate my small galley kitchen. The process of obtaining approval ended up being distressing in the extreme. The kitchen was identical in every way to the kitchen I installed three years earlier in another apartment in our block, including same trades people. With the new renovation, the EC/SMA placed every kind of objection and obstacle in the way and used all sorts of stalling tactics. I responded to all and went as far as providing them with a draft upgraded By-Law, which I had hoped would assist them in granting approval and putting in place a proper process that everyone could then follow, and which would protect the OC at the same time.
After being blocked for two months, I applied to the NCAT under Section 138 of the SSMA for Orders. The EC immediately called a paper General Meeting, told the NCAT Adjudicator that I have a history of breaking By-Laws and passed the By-Law pretty much exactly as I had suggested. The renovation itself then went ahead without incident. Again, repeated blocking, and I only managed to obtain my $5k Bond back when I pointed out that the Strata Manager/EC/OC were in breach of their own (newly registered) By-Law which stated that they could only hold the bond for a maximum two months.
As one does, I am now attempting to renovate my little (5′ x 6′ x 7′) bathroom. Brief:
The building in which I live has a few x Commercial and 160+ Residential Lots and the Strata has been in operation for some 18 years.
I (and a few others) have been very up front and very active against our Caretaker/Executive Committee/SMA who have propelled a large-scale Short-Term Letting Operation in the Building, though I’m the ‘face’ of this. Court Orders have been issued. They have been ordered to Stop. I also have another application in with the NCAT seeking the appointment of a Compulsory Strata Manager.
Yes, they are without doubt extremely angry with me – I estimated the turnover of the short-term letting operation here was in the vicinity of or more than $5 million p.a. plus I still have so many questions as to where our OC funds go. I am extremely unpopular due to my NCAT Submissions.
So, to strata business:-
I am very aware that Bathroom renovations must be taken seriously, with water penetration issues etc being paramount. After nearly five weeks, at the end of last week I received the following with regards to what I must do to renovate my bathroom – simply new for old, no relocation of plumbing etc:
To carry out the work to the common property in the bathroom the following would need to have a Special By-Law drafted and paid for by the applicant and passed at a general meeting and registered on title.
The cost of the general meeting being stationery, postage registration and admin costs…
The breakdown of costs would be –
– Drafting
– Stationery – for agenda and minutes )
– Postage – for agenda and minutes )
– Registering & lodgement
– Admin
The Special By-Law for –
– tiled floor and the tiled shower tray –
– tiling on the perimeter walls –
i.e. tiling on the external wall
– tiling on the perimeter wall to the fire stairwell
Please supply a copy of the plan showing the works to be added to the Special By-Law to illustrate the location of the works.
Prior to commencement of the works and after the registration of the Special By-Law all lot owners are to deposit a $5,000 bond which will be reimbursed when the works are completed and inspected by a person nominated by the Executive Committee confirming that there is no damage to common property….etc, etc, etc, etc…
Dose approval of a bathroom renovation require a General Meeting? Does it require (another) Special By-Law registered on Title – what/whose Title? Does every Lot Owner have to pay individually for all this?
Our current EC Chairman has renovated his bathroom (and kitchen) all without issue and without a General Meeting and Special By-Law registered on title.
Our former EC Chairman has a generation unit driving a commercial refrigeration motor mounted on the Common Property wall of his parking space and the unit seems to be driven by Owners Corporation electricity (no one has denied this when questioned), all without a General Meeting and a Special By-Law registered on title.
A lessee of one Commercial Lot has, within the last two years twice gutted the (largish) Lot, moved internal walls, rewired, removed and replaced the front (Common Property) door, all without having to follow any of the conditions in any of our Strata’s By-Laws pertaining to renovations, or having the matter put to and passed at a General Meeting and any Special By-Law registered on title.
I just googled the NSW Anti-Discrimination website and noted: “It is against the law for anyone to hassle or victimise or treat another unfairly because he/she has made a complaint”…as per my complaints to Council over the large-scale ‘Illegal Use of Premises’, and as per my Request for Orders to the NCAT.
If I am mistaken and every Lot Owner and I need call for and go to a General Meeting (and pay for all costs including the Legal drafting and registering of a Special By-Law) every time we want to do a renovation inside our Lots, please let me know.
Guidance from this forum’s Strata Gurus is always priceless, and I hope this might help clear the way for others out there?
Another day in Strata paradise!
