The critical factor in all this is whether or not the renovations have an impact on common property. Having said that, the Act defines renovations into three categories – cosmetic, minor and major (see sections 108-110 of the Management Act, and section 28 if the Regulations below).
In short:
- you don’t need permission for cosmetic work;
- you do need permission, but not a special resolution by-law, for minor work – and that permission can be given by the strata committee if they have been empowered to do so by a by-law passed at a general meeting.
- You need a by-law for major work that involves alteration to common property .
The definitions of cosmetic, minor and major are contained in the extracts below.
Based on your post, both your lawyer and building manager are wrong (although they may not have expressed their actual view clearly enough).
Cosmetic work doesn’t require any notification, minor work requires permission (but not a by-law) major work requires a by-law. Obviously, in granting permission or passing a by-law, there would be a record of the work planned. I don’t know of any “register” required by strata law but that might just be a gap in my knowledge.
108 Changes to common property
(1) Procedure for authorising changes to common property
An owners corporation or an owner of a lot in a strata scheme may add to the common property, alter the common property or erect a new structure on common property for the purpose of improving or enhancing the common property.(2) Any such action may be taken by the owners corporation or owner only if a special resolution has first been passed by the owners corporation that specifically authorises the taking of the particular action proposed.
(3) Ongoing maintenance
A special resolution under this section that authorises action to be taken in relation to the common property by an owner of a lot may specify whether the ongoing maintenance of the common property once the action has been taken is the responsibility of the owners corporation or the owner.(4) If a special resolution under this section does not specify who has the ongoing maintenance of the common property concerned, the owners corporation has the responsibility for the ongoing maintenance.
(5) A special resolution under this section that allows an owner of a lot to take action in relation to certain common property and provides that the ongoing maintenance of that common property after the action is taken is the responsibility of the owner has no effect unless:
(a) the owners corporation obtains the written consent of the owner to the making of a by-law to provide for the maintenance of the common property by the owner, and
(b) the owners corporation makes the by-law.(6) The by-law:
(a) may require, for the maintenance of the common property, the payment of money by the owner at specified times or as determined by the owners corporation, and
(b) must not be amended or repealed unless the owners corporation has obtained the written consent of the owner concerned.(7) Sections 143 (2), 144 (2) and (3) and 145 apply to a by-law made for the purposes of this section in the same way as they apply to a common property rights by-law.
Note.A new by-law or other changes to the by-laws for a strata scheme must be approved by a special resolution of the owners corporation (see section 141)
(1) The owner of a lot in a strata scheme may carry out cosmetic work to common property in connection with the owner’s lot without the approval of the owners corporation.
(2) Cosmetic work includes but is not limited to work for the following purposes:
(a) installing or replacing hooks, nails or screws for hanging paintings and other things on walls,
(b) installing or replacing handrails,
(c) painting,
(d) filling minor holes and cracks in internal walls,
(e) laying carpet,
(f) installing or replacing built-in wardrobes,
(g) installing or replacing internal blinds and curtains,
(h) any other work prescribed by the regulations for the purposes of this subsection.
(3) An owner of a lot must ensure that:
(a) any damage caused to any part of the common property by the carrying out of cosmetic work by or on behalf of the owner is repaired, and
(b) the cosmetic work and any repairs are carried out in a competent and proper manner.(4) The by-laws of a strata scheme may specify additional work that is to be cosmetic work for the purposes of this section.
(5) This section does not apply to the following work:
(a) work that consists of minor renovations for the purposes of section 110,
(b) work involving structural changes,
(c) work that changes the external appearance of a lot, including the installation of an external access ramp,
(d) work that detrimentally affects the safety of a lot or common property, including fire safety systems,
(e) work involving waterproofing or the plumbing or exhaust system of a building in a strata scheme,
(f) work involving reconfiguring walls,
(g) work for which consent or another approval is required under any other Act,
(h) any other work prescribed by the regulations for the purposes of this subsection.(6) Section 108 does not apply to cosmetic work carried out in accordance with this section.
110 Minor renovations by owners(1) The owner of a lot in a strata scheme may carry out work for the purposes of minor renovations to common property in connection with the owner’s lot with the approval of the owners corporation given by resolution at a general meeting. A special resolution authorising the work is not required.
(2) The approval may be subject to reasonable conditions imposed by the owners corporation and cannot be unreasonably withheld by the owners corporation.
(3) Minor renovations include but are not limited to work for the purposes of the following:
(a) renovating a kitchen,
(b) changing recessed light fittings,
(c) installing or replacing wood or other hard floors,
(d) installing or replacing wiring or cabling or power or access points,
(e) work involving reconfiguring walls,
(f) any other work prescribed by the regulations for the purposes of this subsection.(4) Before obtaining the approval of the owners corporation, an owner of a lot must give written notice of proposed minor renovations to the owners corporation, including the following:
(a) details of the work, including copies of any plans,
(b) duration and times of the work,
(c) details of the persons carrying out the work, including qualifications to carry out the work,
(d) arrangements to manage any resulting rubbish or debris.(5) An owner of a lot must ensure that:
(a) any damage caused to any part of the common property by the carrying out of minor renovations by or on behalf of the owner is repaired, and
(b) the minor renovations and any repairs are carried out in a competent and proper manner.(6) The by-laws of a strata scheme may provide for the following:
(a) additional work that is to be a minor renovation for the purposes of this section,
(b) permitting the owners corporation to delegate its functions under this section to the strata committee.(7) This section does not apply to the following work:
(a) work that consists of cosmetic work for the purposes of section 109,
(b) work involving structural changes,
(c) work that changes the external appearance of a lot, including the installation of an external access ramp,
(d) work involving waterproofing,
(e) work for which consent or another approval is required under any other Act,
(f) work that is authorised by a by-law made under this Part or a common property rights by-law,
(g) any other work prescribed by the regulations for the purposes of this subsection.(8) Section 108 does not apply to minor renovations carried out in accordance with this section.
Note.Section 132 enables rectification orders to be made against owners of lots for damage caused by work done by owners.
Work for the following purposes is prescribed as minor renovations for the purposes of section 110 (3) of the Act:
(a) removing carpet or other soft floor coverings to expose underlying wooden or other hard floors,
(b) installing a rainwater tank,
(c) installing a clothesline,
(d) installing a reverse cycle split system air conditioner,
(e) installing double or triple glazed windows,
(f) installing a heat pump,
(g) installing ceiling insulation.
Note.The work prescribed by this clause is subject to the requirements set out in section 110 (7) of the Act, including requirements that it does not involve structural changes, changes to the external appearance of a lot or waterproofing.