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Topic
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I want to attach a bike hook to my courtyard/balcony wall, and in future I want to also fix a small shed to the wall due to wind (its a large courtyard, so this shed wouldn’t be visible from the street). I don’t want to go through the tiles due to waterproofing issues. I realise that any drilling holes is a modification to common property. I’m just wondering, does anyone have experience of this kind of thing, and is it something that would class as either minor renovations, or cosmetic works?
One of my bylaws state:
For the purposes of section 110 of the Act, in addition to the work described in section 110(3) of the Act, all work is deemed to be a minor renovation for the purposes of section 110 of the Act other than the work excluded by section 100(7) of the Act
Presumably this is the act in question
http://classic.austlii.edu.au/au/legis/nsw/consol_act/ssma2015242/s110.htmlhttp://classic.austlii.edu.au/au/legis/nsw/consol_act/ssma2015242/s109.html
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(Reply from Victoria) G’day. My old OC used to permit people to install over-bonnet sheds in their car park in the basement of the complex upon application to the OC. That involved some drilling into common concrete in between the car parks and also did change the look as each owner had their own shed that was not a consistent model or colour. That was all approved, the question just needed to be put to the committee with plans for what it might look like, ensuring it would not disturb the neighbours, and ensuring the installer had insurance etc. Making sure the boxes were ticked.
But not sure if NSW have different rules about these kinds of things.
Is it as simple as asking the SM (and the OC) for their view?
I think for a minor renovation, as described, it’s as simple as telling the committee what you plan to do and getting a competent professional to do it (as per section 110).
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.
Our bylaws say we are not permitted to drill into the common property walls. Rather than ‘telling the committee what you plan to do’ you probably should ensure that’s not too dramatic to get them off side and make simple application for committee approval, using the other lots as precedent, outlining your respect for the structural integrity of the place, list your works and the pro who will do it with insurance. If they say yes, all good. If they say no you might or might not come back for round 2, but I’d bring them in on it first.
I agree with Flame Tree that you should ask first, especially in relation to the shed. A small shed to you might be a large shed to others, it might be more visible than you think, and it might set a precedence. The SC could rightfully ask for the size, colour, materials, and location of the shed so that it can be properly considered before approval or rejection.
@minklt
I agree with FlameTree and Alas, but go further.
(i) Ask the committee in writing and ensure the committee replies in writing.
The facts remains that your desire for a hook on a common walls notwithstanding is “minor”, you are indeed “adding” to or “modifying” the common property and so you need your work to be approved by the committee. The committee often will wave through such small works, but may also spell out their requirements. You don’t want anyone in the future arguing that you acted without approval and asking you to remove and make good the wall.
(ii) As to the shed, I’m at one with Alas. In your request by all means put all the details (colour etc). Also mention as well as anything you can find online that indicates that the shed you’re keen on has been erected in situations like yours. I did this when I asked for permission to install a storage cabinet in my car space.
(ii) (a) One more thing, you could take a photograph of how the courtyard looks from the street without a shed and indicate in your letter to the committee that the shed will not impact on how the courtyard is viewed from the street.
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