- This topic has 3 replies, 3 voices, and was last updated 9 years, 4 months ago by .
-
Topic
-
Hi, I really need some advice. I’m one owner of a 2 owner duplex. Woke up on Tuesday to the sound of circular saws. The other owner is building a deck/verandah in his backyard (or should I say instead of his backyard). He didn’t tell us (or the Strata Manager) anything about it. I’ve been chasing the Strata Manager for the last 3 days to find out what’s going on. Finally got back to me last night to say that he’d spoken to the owners and it’s only a deck so they didn’t have to notify us or anything. The deck is going to be the whole length of his unit less about 3 metres and is built to just inside the fence line (I assume it the requisite 900mm inside the fence).
The problem is that I we apparently only have the owners word that it’s a deck and the deck has multiple uprights that are higher than the guttering on the roof which to me looks more like a verandah than a deck. Also, the block we are on slopes upwards and they are in the front so the part of deck closest to us is almost as tall as the fence between our units. We also have a deck which was built 12 years ago after getting the requisite council and owner’s approval so they will be able to see everything on our deck which I feel is a gross invasion of privacy. Also, if it is roofed, it will cut out most of our light and air as it will be quite a bit higher than ours.
Do they really not need approval or even to notify us because it’s only a deck (if it is)? The strata manager has told us that if we want to know anything more to ask them which I won’t do because I’ve been threatened by them before and I think it should be his responsibility to make sure everything is done correctly.
I’ve put a call into the council (Hawkesbury Shire Council in NSW) but I’m waiting to hear back from them. I don’t think the deck falls under building exempt because the way I read the laws it must not be higher than 1 metre from ground level to be building exempt and because of the slope of the land, the top end of the deck may be under 1 metre but the end nearest our unit must be almost 2 metres as we have a 2 metre fence between us and it’s almost that tall.
What do I need to do. We haven’t seen any plans so I’m only going on what I can see but I don’t want it built the way it looks like it is going to be because it’s huge. They’ve also put in an air conditioner without notice which I don’t think they should have done either but I’m happy to let that go. Basically the owners have never lived in a strata before and don’t believe they have to follow the rules.
Also, should our Strata Manager be doing something other than washing his hands of it. He’s scared of them as well but as far as I know it’s his job so he shouldn’t be taking management fees if he won’t do it.
I’m really stuck because I’ve never had to deal with something like this before, the unit was rented before and the tenants and I got along well and just talked out any issues. I’d appreciate any advice.
Thanks
Theora
-
Replies
-
theora – in addition to the requirements of the NSW Strata Schemes Management Act (1996) where Sect 65(A) requires that if the deck and/or its associated structure is attached to any part of the owner’s Duplex, then it’s classified as an addition to the Common Property that does require the prior written consent of the Owners Corporation, and the requirements of the By-Laws about the appearance of the Owner’s Lot (of which the yard would be a part) from yours, the following are some relevant requirements for compliance with NSW Exempt Development provisions in addition to those that you’ve mentioned, where the deck:
- cannot not have an enclosing wall higher than 1.4m
- must be a minimum 900mm from all boundaries of the Lot
- must be no higher than 3m at its highest point above the existing ground level
- if it is a roofed structure attached to a dwelling, must not extend above the roof gutter line of the dwelling
- if connected to a fascia (or to the wall of the duplex in my opinion), be connected in accordance with a Professional Engineer’s specification, and
- be constructed or installed so that roofwater is disposed of into an existing stormwater drain.
So far as your Strata Manager’s (lack of) interest is concerned, with the benefit of the above information and IF the deck will be attached to any part of the Duplex and/or IF it will be in your opinion inappropriate when viewed from your Lot, then advise your Strata Manager in writing of your concerns and tell him to stop washing his hands and to get on with doing his job post haste.
Similarly, chase the Council IF you believe that any of the requirements for an exempt development are being breached.
@theora said:
The strata manager has told us that if we want to know anything more to ask them which I won’t do because I’ve been threatened by them before and I think it should be his responsibility to make sure everything is done correctly…Also, should our Strata Manager be doing something other than washing his hands of it. He’s scared of them as well but as far as I know it’s his job so he shouldn’t be taking management fees if he won’t do it.
Strata managers are not strata cops. The Strata manager can only act as instructed by the Owners Corp or EC unless EC powers have been delegated to the SM under your current contract.
If that’s the case, they should be doing more. If not, that’s not to say they shouldn’t be a bit more helpful.
With that in mind, rather than getting both the strata manager and the other owner offside, I would be asking the manager what you should be doing.
At the very least, I would be seeking mediation at Fair Trading over issues regarding common property (attaching the air-con and deck to common property walls).
The reason for this is not necessarily to prevent them from doing something, but to make sure they and anyone to whom they sell their unit in the future are responsible for repairs and maintenance, as specified in the Act.
Given that you won’t have the 75 percent of votes required to pass a by-law, you can apply to NCAT to issue orders under Section 140 (4) and (5) and Section 141 of the Act. There are other provisions about resolving disputes that may be more relevant, depending on the circumstances. Your strata manager should be able to advise you on this.
If the strata manager doesn’t have delegated powers and there’s a 50-50 split of Unit Entitlements, you can’t instruct them to act on your behalf.
However, you have a majority of UEs, you can hold a meeting and issue instructions from that. Either way, the strata manager will almost certainly charge the owners corp (you and your neighbour) for any extra work involved.
Otherwise, if you want someone to represent you, you should be talking to an experienced strata lawyer who will make the tricky phone calls and write the strongly worded letters (and then charge you for it).
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 must be logged in to reply to this topic.