› Flat Chat Strata Forum › Talkin’ ’bout a renovation › New deck without EC consent › Current Page
The details of what you do and terms vary between states. However the gist is generally similar. In the ACT, the default rules (aka bylaws, articles etc) require an unopposed resolution of a general meeting for a unit owner to erect a structure or alter a unit. Elsewhere it might be a special resolution. In the ACT (and perhaps elsewhere), the rules can be changed by special resolution of a general meeting. In the OC where I live the rules are relatively permissive. A unit owner must apply for permission which can be given by the EC on behalf of the OC. Most places would require at least EC permission.
You could write to the EC asking them to issue a ‘rules infringement notice’ for erecting the deck without permission and requiring its removal by some reasonable date.
You might have a general rule requiring unit owners to comply with the law. If the deck is of a size or height that it would have required local government building approval or development approval, then the rules infringement notice could refer to that also.
Or you could phone the local building approval authority and ask their advice. If the deck is more than half the height of the fence, in the ACT at least, I think I recall that that would put it above the maximum height for not needing building approval. There are then processes to report suspected breaches of the building code and the local authorities will have to get back to you with advice. It it breaches the building code it might be easier to have them do the enforcement.
Building approvals also take into account overlook from one residence to another. Some overlook of part of the neighbouring area is permitted but there are limits.
I hope that helps.