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We live in a 30 year old high rise. Recently a new owner moved in and after asking the informing the owner’s corporation committeee of his plans and being told there would be no undue obstruction, he has gone ahead and put in new windows. I wrote a letter to the strata manager stating that we need documentation of these changes as in the future any claims on these changes must be met by the owners doing the renovation (or future owners). I also suggested a bylaw would be appropriate as well as council permission for these changes to protect all owners as I understand any renovation that changes the external appearance of the block must have some documentation. He has written back claiming he has approval by the strata manager. Our previous conversations with the strata manager do not confirm that and we can now no longer access him as he has been made redundant. I would like to know : Am I on the right track in requesting documentation (plans, drawings, permits etc) for these changes? What redress do owners have if the new owner is not willing to supply documentation? Should such changes require a bylaw to be made?
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The Good Guy
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Firstly, the Strata Manager can’t give permission to change Common Property even if they have delegated powers. This can only be done at an AGM – so regardless of what the former SM said, the owner did not have permission to to this.
The question remains, what do you do next. If it changes the outward appearance of the building for the worse, the Owners Corp has the right to tell the owner to reinstate the original fittings at their own expense. If you don’t mind the new fixtures, you still need to be sure that the Owners Corp will not be held liable for repairs etc in the future, especially if this is an expensive installation (and might have been shoddily installed). I f you just let this go, you may find in the future that you have to pay for expensive repairs to a balcony that you didn’t want changed in the first place.
At the very least I would be asking the owner to submit a special resolution by-law at an Extraordinary General Meeting taking full responsibility for the balcony work now and in the future. I would also expect them to pay the cost of having the by-law written by a lawyer and the cost of the meeting to approve it.
If the owner refuses to do any of these things, I’d hold an Executive Committee meeting to issue a Notice To Comply ordering them to reinstate the balcony to its original state.
Your Owners Corp can’t be held responsible for work done under a verbal agreement that may or may not have been reached with a Strata Manager who did not have the right to make such an agreement in the first place.
Even if you don’t mind the new balcony, you have to establish that responsibility for its upkeep now rests with that owner and the only way to do that legally is to pass a special resolution.The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
You would usually need council approval to change windows. So the owner should have drawn up plans, put them to the OC for approval, and had them stamped with the common seal to lodge with the council to get a DA. Obviously as common property this would have had to be approved at a general meeting. Yes you would need a by-law to make it clear that the owner had ongoing responsibility for the windows.
So aside from anything else there is likely to be a breach of council requirements. The OC should also ask the owner about that, because if council approval hasn’t been obtained the council can require it to be changed.
Although the strata manager is no longer there, the onus is on the owner to satisfy the OC that the requisite approvals were obtained, and from the facts it seems they weren’t.
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