› Flat Chat Strata Forum › Common Property › Bathroom Tiles pre 1974 strata . Who pays for repairs › Current Page
Hi Lady Penelope and Dingo
Yes, I submitted the same information in my strata application and I am still waiting for the Tribunal Member to hand down his decision. The interpretation of the legislation and the conclusions I have reached are entirely my own. I have however, thoroughly researched all the strata legislation since it was first enacted in 1961, together with all commentaries etc. available on the internet. I have also read every strata case which may have some application to my situation. I also researched building construction, plumbing and waterproofing and I have received advice from my Architect in this regard.
I do realise that my conclusions are at odds with what has generally been the accepted norm.
In my case all my proposed renovations fall within the provisions of either s109 or s110 except for the waterproofing. However there is no waterproofing in the existing bathroom, because there is no shower recess and there is only a bath. The building was completed in 1947 and the strata plan was registered in 1983. The OC has now accepted that there is no existing waterproofing, but they contend that once I lay the waterproofing it becomes common property and they want me to write a common property by-law covering all my proposed renovations.
At one of my directions hearings the Tribunal Member, who was very helpful, told the OC that they could not demand a common property rights by-law for works covered under ss109 or 110.
I did seek advice from a strata lawyer who told me I should withdraw my strata application immediately, since I would lose and have to pay costs.