[Ferris]

@leif said:
Just Get On With It

Seems to be right but there is one exception

Early Strata Acts stated exclusive usage did make the user responsible for maintenance without statement in the by-law, it is only new by-laws that states who is responsible

I can’t recall the year of the change but I think it was in or after 1975

Early by-laws for exclusive….user responsible without any statement

Later by-laws for exclusive ….states who is responsible

Hi Leif,

 

Can you please provide details on where I could find more information about this Act for NSW? Our block was built in 69 and we are going through fire upgrades at the moment and half the costs will be associated with common area that are associated with one apartment only. They use it like their private space and have even gated off most of it with a locked door.

 

Thanks.

[Ferris]

Thanks for the suggestion Jimmy. I haven’t heard of a strata project manager before, would they be a separate party to deal specifically with strata in addition to the builder that I would employ to project manage the various trades?

It’s only block of 6 units and only 3 people on the EC so the number of stakeholders is low.  If after my first talk with my neighbours, the EC and SM don’t go as smoothly as hoped then I’ll look seriously into engaging a strata manager.

In the scenario where the EC doesn’t demand By-laws (for whatever reason), should I be suggesting this as a good idea? The reason I ask is that the block was built in the late 60’s and there are no special By-laws but I’m sure that work would’ve been carried over the life time of the block that would demand a By-law be generated. I would hope that others who carry out renovations would be held responsible for their work too, so the answer is a clear ‘yes’.

I enjoyed reading your article in today’s paper, I’ve sent the piece to a friend who is about to buy their first home.

[Ferris]

Thanks Jimmy, that all makes sense to me and the approach you suggested generally aligns with what I think I would’ve done but wanted to confirm as I’m new to this game.

[Ferris]

Hi Struggler,

 

Thanks for your reply and for voicing your concerns. I understand that this is a significant undertaking and that’s why I’d like to things properly and in the right order. I will be using a licenced and insured builder and also informing my contents insurer which will minimise the risk of taking on the burden of responsibility of this common property.

The apartment, whilst sturdy and robust is in a very ‘original’ condition and hasn’t been touched in over 25 years so this major work will need to be done by someone at some point in the future.

My question still stands, what order do I do things? Do I approach strata with a high level summary or, as you say get engineers reports, council approvals, by-laws written up etc and then approach strata?

Thanks in advance.

[Author]

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