theora – in addition to the requirements of the NSW Strata Schemes Management Act (1996) where Sect 65(A) requires that if the deck and/or its associated structure is attached to any part of the owner’s Duplex, then it’s classified as an addition to the Common Property that does require the prior written consent of the Owners Corporation, and the requirements of the By-Laws about the appearance of the Owner’s Lot (of which the yard would be a part) from yours, the following are some relevant requirements for compliance with NSW Exempt Development provisions in addition to those that you’ve mentioned, where the deck:
- cannot not have an enclosing wall higher than 1.4m
- must be a minimum 900mm from all boundaries of the Lot
- must be no higher than 3m at its highest point above the existing ground level
- if it is a roofed structure attached to a dwelling, must not extend above the roof gutter line of the dwelling
- if connected to a fascia (or to the wall of the duplex in my opinion), be connected in accordance with a Professional Engineer’s specification, and
- be constructed or installed so that roofwater is disposed of into an existing stormwater drain.
So far as your Strata Manager’s (lack of) interest is concerned, with the benefit of the above information and IF the deck will be attached to any part of the Duplex and/or IF it will be in your opinion inappropriate when viewed from your Lot, then advise your Strata Manager in writing of your concerns and tell him to stop washing his hands and to get on with doing his job post haste.
Similarly, chase the Council IF you believe that any of the requirements for an exempt development are being breached.