Reply To: Can hard floors really be installed without approval?

We feel that Bannermans should be congratulated for pointing out in their article that the interests of owners conflict. This is due to an oversight by parliament.

Our strata scheme has been affected by this oversight. Owner1 installed floorboards without affecting common property and without notifying the owners corporation or any other owners. Other owners say that as a result, noise from Owner1’s unit is now unbearable and some excellent tenants from two units moved out stating this reason. The owners corporation is the meat in the sandwich and both sides are taking a bite. To a non-lawyer, it seems that both sides are technically within their rights.

Therefore this matter ought to be referred back to parliament and the legislation and/or regulations amended so that works to any unit do not adversely affect other units. The fact that the works do not affect common property should not be the major consideration in circumstances like this. Owners should not act selfishly when renovating their units because the value of other units (for both sale and rental) could be adversely affected. Also the lives of other residents should not be disrupted at any hour of the day or night – many people are shiftworkers and should not have to suffer loss of sleep and relaxation.

Laws and anomalies created by oversights in legislation should not create situations that pit owners against one another. Laws exist to prevent that happening, don’t they?

Thank you.