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Hi
I'm in a small block and have put some changes into common area (all with agreement of EC/other units). eg skylight, security system.
I want to put a bylaw together to make it clear that any future maintenance costs or issues caused by them are the responsibility of my unit, and not the strata (to protect the other tenants if I ever moved).
It sounds like I need to have a meeting to pass a special privilege by-law detailing stuff like
– which part of common property is being granted for exclusive use,
– which unit has special privileges,
– and specifying that full responsibility for the upkeep and rectification of any issues caused by the special privileges is to be performed by the unit with the privileges
Am I on the right track? Where would I look for samples of these sorts of bylaws?
Thanks,
Far
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Replies
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It sounds to me like you've put a skylight in the roof and perhaps some components of a security alarm system on the wall (like maybe the alarm siren and light); correct??
I'll respond as if that is the case.
So, in those circumstances you have indeed placed those items on Common Property, so what's necessary is to put a couple of Special By-Laws before a General Meeting of the Owners Corporation (O/C).
One Special By-Law would need to permit (all) Proprietors to place skylights on the Common Property (the roof), and include relevant conditions such as the provision of Plans, Manufacturers' Specs, Builders' Details/License, Builders' Public Liability Insurance etc to the O/C prior to any works commencing, AND a statement that all on-going maintenance and repairs to the permitted works will be the responsibility of the Proprietor/s from time-to-time of the Lot/s granted permission.
The second Special By-Law would need to include the same provisos for the placement of Alarm System Components of the Common Property, and maybe include an additional “condition” about where components may be located and the colour of those — like the O/C may not want a bright orange alarm siren box right at the front of the block!
Special By-Laws need 75% of Proprietors to be in agreement, but that's all that would be needed IF my assumptions about what you have done are correct (Exclusive Use By-Laws are not necessary to achieve your stated objectives).
Just keep the wording simple and unambiguous; you don't need legalese.
Once passed, a Form for a “Change of By-Laws” (and for registering new ones) can be downloaded from the NSW Land & Property Management Authority's Web Site, and with the payment of a small fee ($90ea I think), you're done!!
Hope this helps.
Dear Far
Self drafting by-laws can lead to misinterpretation and it is a good idea to have the by-law drafted or reviewed by a strata law firm.
A special privilege by-law in respect of renovations to an individual lot should include provisions such as – a description of works, consent of the owners corporation, provision of insurance, responsibility of the owner in respect of repair and maintenance and responsibility in respect of any loss or damage caused by the renovation.
If you would like any assistance, then please do not hesitate to contact us.
Yours faithfully
Simone BalsaraLawyer
TEYS Lawyers
The Strata Law Experts
02 9562 6500 or 1300 TEYS LAWYERS
Hello Simone,
You're just the person to comment upon my recent post “Damage to Parked Vehicle in Basement Carpark” in the Common Property Forum.
Would you mind having a read?
Thanks in advance……..
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