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Until recently, the EC of our pre-1974 block of 18 units in Sydney (and, I suspect, most owners) assumed it could approve any and all renovations on behalf of the OC. Recently, the strata managers have advised that this isn’t so because of Sect 65A.
I don’t disagree that most works, especially those affecting common property in any way (and most of them do), should be put to the OC for approval, possibly as part of a special bylaw, and with the relevant lot owner accepting in writing responsibility for maintenance etc of structural changes and additions or changes to common property such as attaching electrical conduit to an external wall.
What stumps me though is that Sect 65A refers only to “improving or enhancing the common property“. Yet most renovations, power upgrades, installations of external aircons or even adding an external bathroom exhaust outlet are all about improving or enhancing individual lots. The changes to common property in these cases seem to be better described by Model Bylaw 5(1), requiring written consent to damage common property.
Have I got the wrong end of the stick?
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