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[The King]

Hi Jimmy & Flatchatters,

I recently purchased a unit in a self managed strata plan in NSW.

At an EGM, which I called & arranged, I put forward 3 motions.

Removal of a structural wall being a major renovation – I furnished all plans, structural engineering documents, builders insurances & licences. This was not resolved, motion defeated
Renovation of main bathroom, ensuite & laundry being a major renovation – motion passed
Floorboard installation being a minor renovation – I furnished all documents in relation to sound insulation/underlay well above the BCA requirements. This was not resolved, motion defeated.

Can the OC unreasonably refuse these resolutions? I supplied all documents required on the Fair Trading NSW checklist with extra’s.

If I was to go to NCAT Im not sure under which section of the SSMA to pursue.

I noticed section 126 in the 2015 version, is this one correct?

Is there another avenue that I may pursue?

Thanks in advance

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[Jimmy-T]

It may be a good starting point. Part 2 of that section says this:

(2) Order consenting to owner’s work on owners corporation property

The Tribunal may, on application by a lessor of a leasehold strata scheme or an owner of a lot in a strata scheme, make an order (a work approval order) approving of minor renovations or alterations or repairs already made by an owner to common property or any other property of the owners corporation directly affecting the owner’s lot if the Tribunal considers that the owners corporation unreasonably refused its consent to the minor renovations or alterations or repairs.

Provided you have agreed to take responsibility for the ongoing repairs of any part of common or lot property affected by the work, you have every chance of proving the refusal to be unreasonable.

Your first step is mediation which is a mandatory precursor to action at NCAT.  Don’t expect to get a result there. In fact, it may be better if the strata scheme’s rep refuses to budge as then you can move on to the next stage without being strung along by endless failed general meetings. If the decision is made internally, it still requires by-law approval at a general meeting.

Have a look at this page on the Fair Trading website then apply online via this link. And you should think about speaking to an experienced strata lawyer.  It’s another expense but it could save a lot of time and hassle.

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