#27660
Lady Penelope
Strataguru

    Just because there are no by-laws does not mean that you have no obligations. These obligations are contained within the SSMA 2015, mostly contained within [s109 – 110]. 

    https://www.austlii.edu.au/au/legis/nsw/consol_act/ssma2015242/index.html#s108

    The committee can only approve certain types of renovations if they have been delegated this power by the OC under a by-law. Ask your SM whether the committee have been delegated this power.

    Some of your scope of work will not be able to be approved by the Committee regardless of whether or not the committee has been delegated this power. The items not permitted to be approved via the delegated power must be approved at a General Meeting. 

    It would be unreasonable for the OC to demand an extremely particularised scope of work i.e. types of fixtures and fittings, except for the flooring and the acoustic underlay.

    The following information may be applicable for your renovation:

    A kitchen renovations with appliances remaining in the same location now only requires  an Ordinary resolution at a General Meeting and no by-law (and can be decided by strata committee if power delegated (s110(6)(b)) under a by-law).

    A kitchen renovation with exhaust or plumbing changing requires an Ordinary resolution at a General Meeting and cannot be approved by the committee.

    A bathroom renovation with no change to waterproofing e.g. changing vanity and shower screen requires an Ordinary resolution only at a General Meeting. A Special resolution and by-law is required if there is a change to waterproofing.

    Installation or replacing wood or other hard floors requires an Ordinary resolution only (and can be decided by strata committee if power has been delegated under by-laws (s110(6)).

    NB: A bead of silicone is not the only way to prevent lateral noise transference. There are other options worth exploring. A good acoustic underlay will prevent the possibility of you being ordered to rip up your flooring at a future time if it is causing a nuisance to your neighbours and is unreasonably interfering with the quiet enjoyment of their Lots. 

    Work involving reconfiguring of walls requires an Ordinary resolution only (and can be decided by strata committee if power delegated under by-laws (s110(6)) (except if structural walls).

    Installation of bathroom exhaust fan requires an Ordinary resolution only (and can be decided by strata committee if power delegated under by-laws (s110(6)) (except if structural walls).

    The following work requires a Special resolution at a general Meeting under [s108(2)]:

    • structural work (internal walls and making openings in structural walls for exhaust fans and air conditioning);
    • work changing the external appearance (pergolas, awnings and possibly solar panels and skylights);
    • work involving waterproofing (most likely in waterproofing of bathrooms)

    https://dealawyers.com.au/works-works-by-laws-under-the-the-strata-schemes-management-act-2015/