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[Ziggy]

At a General Meeting of the owners corporation, it was approved that I can replace my old balcony doors, which can’t be seen from the street, with double glazed doors. I have all the appropriate documentation from the NSW government and there will be no structural changes.

Now I’m told that this is a major renovation and needs a bylaw. You say above Jimmy

Major renovations include:

Changes that affect the outside or structure of your apartment, duplex or strata property
Changes that require waterproofing
Changes to the ceiling
Work that needs approval under other laws (for example, council approval).

Does this include balcony doors?

You also say above the following:

An owner must not carry out work on the common property unless the owner is authorised to do so—

under a by-law made under this Part or a common property rights by-law, or
by an approval of the owners corporation given by special resolution or in any other manner authorised by the by-laws.

Does the OR mean I don’t necessarily need a bylaw to have the works approved? That is, just approval by special resolution?

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[optusJo]

I would also say – make sure you keep the AGM Minutes going back forever.

I was in the situation that there was no record of any approval for a deck area and it was declared “illegal”.  Luckily i  found the AGM minutes. – there is something to be said for keeping minutes for 40 years

It was a surprise to me that these AGM minutes were not available/kept.

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[Ziggy]

Thanks OptusJo. I have kept every email I have from Strata for the last 14 years! Including, many from a previous Strata Manager guiding me through the process of the general meeting where the owners approved the installation of new doors. I even have an email asking the SM to check that the minutes were correct before sending them out to owners. They were immediately sent without any rebuttal.

So I wonder if there is any reason the current SC, or the OC, can knock back my proposal to have new double glazed doors?

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[Ziggy]

Thanks Jimmy. You say on the matter of double glazing the following:

It strikes me that a Special Sustainability Resolution is the easiest way to get an agreement that obliges the installer to agree to maintain and repair the windows and doors as need be. (That was agreed to at a General meeting two years ago.)

Just go to the meeting and ask that it be amended to a Special Sustainability Resolution – which only requires a 51 per cent vote in favour (like any other).

There is no mention of by-laws in your comments .

You also say the SC, if they have the power, can approve the installation of new doors and windows.

In addition, you mention Section 132B of the SSMA. That states an owner can make “changes to part of the common property (which includes the installation, removal, modification or replacement of anything on or forming part of that property”.

So, where do you reckon I stand on the matter?

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[Jimmy-T]

Ziggy wrote:

There is no mention of by-laws in your comments .

The special Sustainably resolution would be to approve the relevant by-law.

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[Ziggy]

Thanks Jimmy. I’m still not sure why I have to do anything since the double glazing of the doors was approved at a General Meeting of the Owners Corporation over two years ago.

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[Jimmy-T]

The only way you will resolve this may be by just going ahead with the renovation on the grounds that it has been approved or taking your SC to Fair Trading and NCAT on the grounds that they are failing in their obligations under Section 232.

What was the process by which they overturned the previous approval? Was there an amendment to the original application?  Did they raise the issue again?  What is their objection and waht were the grounds on which they refused?  Was it not approved as a special resolution in the first place.  If so, the only way that can be rescinded is through another special resolution at a general meeting.

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[Ziggy]

You say Jimmy the following: : In NSW changes to common property that involve sustainability measures can be approved by a special by-law requiring only a 51 per cent majority… Also, applications for common property by-laws that involve sustainability measures can’t be refused on the grounds that they would change the appearance of the building.

Is there such a thing as a sustainability infrastructure common property by-law?

Is it the same as a common property by-law or does it have to include mention of sustainability measures? Has anyone ever presented one to the owners corporation?

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[Jimmy-T]

There is no set by-law for anything.  You get your solicitor to draw up the necessary by-law and to include wording that makes it clear that you believe this is a sustainability resolution. That resolution will probably require a common property by-law  at the very least to transfer responsibility for the new infrastructure to the lot owner.

For clarity’s sake, this is what the Act says:

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.

AND

139B   Restrictions on by-laws—sustainability infrastructure

(1)  A by-law has no force or effect to the extent it would prevent the installation of sustainability infrastructure solely for the purpose of preserving the external appearance of a lot or the common property.

(2)  This section does not apply to common property that is—

(a)  heritage-listed, or

(b)  within a heritage conservation area.

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[Jimmy-T]

By the way I have moved your posts to this thread as they were taking over a separate discussion.

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[Jeremy_167]

If your GM gave the thumbs up two years ago and it’s in the minutes, they can’t just yank it back now. Only another special resolution can overturn a special resolution. I’d dig out those AGM minutes, point that out to the SC, and if they still won’t budge, give Fair Trading or NCAT a buzz.

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[Jimmy-T]

I could not agree more. In fact, I would be telling the committee when the tradies were arriving to install the new doors and let them deal with that. But maybe that’s just me.

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[Ziggy]

All sounds good but the works need to have the strata seal affixed to their paper work. The Strata Manager has refused to do this saying I need a common property by-law. How come the previous SM didn’t say that?

So off to lawyers and thousands of dollars later I suppose.

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[UberOwner]

See if you can negotiate with your supplier to move forward without the strata seal.  I’ve done that in the past.  It’s just a few doors – why would the installer care if they have a strata seal or not?  Presumably you’re paying for this work.

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[Ziggy]

Thanks UberOwner. Yep, that sounds good too. But one, the suppliers have been contracted by the NSW government (long story) and two, the NSW government is paying for the works. No rule breaking there. And I’m OK with that but not when a current owner got the seal affixed via, shall we say, very nefarious means.

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[Ziggy]

Just an update on the sliding doors. Our Strata Committee has sent an email to all owners telling them they will not approve my motion for the sliding doors at our AGM despite my providing a legally written bylaw.

They have also provided misleading information regarding the motion along with other statements about how owners should vote on all matters.

is this legal?

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