- This topic has 8 replies, 5 voices, and was last updated 3 years, 6 months ago by .
-
Topic
-
Just wondering if anyone in NSW has successfully went trough the Strata approval process (CA, By-laws, etc) and managed to replace old windows with brand new double-glazed.
We have approached our Strata but getting unreasonable answers. Clearly they do not want to even talk about it.
Any suggestions or hints or perhaps just wait for better NSW legislation?
Thanks
-
Replies
-
the Strata approval process (CA, By-laws, etc)
What is “CA”?
If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.
How old are these windows and doors? If your strata plan was registered before 1975, they’re the owner’s responsibility. Otherwise they’re common property and you shouldn’t alter them.
I’ll confirm that on my list of initials and acronyms.
If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.
they’re common property and you shouldn’t alter them …
…without permission.
If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.
We have approached our Strata but getting unreasonable answers. Clearly they do not want to even talk about it.
Any suggestions or hints or perhaps just wait for better NSW legislation?
Thanks
Suggestion: Be pro-active and take on this job yourself (or with other SC members). Do you expect a SM to undertake this size of project on his/her time?
Replacing Windows in a block is not as simple as getting a few quotes and sending a work order. You’ll need many meetings on-site, discussions with different glass vendors, builders, project managers.
I’ve done this on two blocks now, and I engaged a Project Manager to be the conduit between the Strata and the Builder. The Project Manager also included inspection points during various stages of the works, to ensure the builder was doing the job correctly.
Am curious myself on approval thresholds for this. The SSMR says that “installing double or triple glazed windows” is minor renovation and SSMA says a minor reno needs owner approval by general resolution (ie clause says “a special resolution is not required” for minor renos)
We have SM who insists that the SSMR actually means minor reno = just replacing the glass and keeping the existing frame (is that even possible to replace single glass with double/triple glazed one/?), and that replacing the frame itself is a major reno and therefore need special resolution.
Owner would replace at their own cost, use proper contractor, no change in appearance, signs up to obligations to maintain / repair what they’ve changed etc.
Anyone had any experience re approval thresholds?
I was just about to chip in on this topic when the above response appeared. The thing is, in NSW we now have a very special resolution called a sustainability infrastructure resolution which is a special resolution which only requires a 50 per cent vote in favour. I believe that the installation of double glazing is a “sustainability” measure, so you can take that to your strata manager and ask them what they want you to do next.
132B Financing and installation of sustainability infrastructure(1) Before approving a sustainability infrastructure resolution, the owners corporation must consider the following—
(a) the cost of the sustainability infrastructure and works including any expected running and maintenance costs,
(b) who will own, install and maintain the sustainability infrastructure,
(c) the extent to which the use of the sustainability infrastructure will be available to all or some of the lots in the strata scheme,
(d) any matter prescribed by the regulations.
(2) In this Act—
sustainability infrastructure means changes to part of the common property (which includes the installation, removal, modification or replacement of anything on or forming part of that property) for any one or more of the following purposes—(a) to reduce the consumption of energy or water or to increase the efficiency of its consumption,
(b) to reduce or prevent pollution,
(c) to reduce the amount of waste sent to landfill,
(d) to increase the recovery or recycling of materials,
(e) to reduce greenhouse gas emissions,
(f) to facilitate the use of sustainable forms of transport,
Note.For example, installing electric vehicle charging stations.
(g) a purpose prescribed by the regulations.
sustainability infrastructure resolution means a resolution to do any one or more of the following that is specified to be a sustainability infrastructure resolution—(a) to finance sustainability infrastructure,
(b) to add to the common property, alter the common property or erect a new structure on common property for the purpose of installing sustainability infrastructure,
(c) to change the by-laws of the strata scheme for the purposes of the installation or use (or both) of sustainability infrastructure.
If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.