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[Jimmy-T]

Having spent years trying to answer readers’ questions or, more to the point, allowing Flatchatters to answer each other’s, I have a question for you.
[See the full post at: Forum: Can an unseen screen alter ‘appearance’?]

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.

Topic

[Just Asking]

Strataboy needs to do some StrataSkool revision. It is not about “appearance”. The screen would amount to an addition or improvement to common property, as covered by s108 SSMA 2015.

In addition to passing a special resolution it would be wise to sign the owner up to a bylaw to ensure the owner is responsible for ongoing repairs and maintenance to the screen, and any consequential wear or damage to common property.

[Jimmy-T]

Just Asking wrote:

The screen would amount to an addition or improvement to common property, as covered by s108 SSMA 2015.

What about section 110 (minor renovations):

110   Minor renovations by owners

(1)  The owner of a lot in a strata scheme may carry out work for the purposes of minor renovations to common property in connection with the owner’s lot with the approval of the owners corporation given by resolution at a general meeting. A special resolution authorising the work is not required.

(2)  The approval may be subject to reasonable conditions imposed by the owners corporation and cannot be unreasonably withheld by the owners corporation.

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.

[andyj]

Im going to make a bit of a punt on this one, mostly as I am keenly aware if things go before NCAT it “can” end up as an interpretation of the act made of the member of the day.

s108 I believe is intended for more substantial changes to common property, such as a retaining wall etc, whereas s110 is for minor changes as Jimmy has indicated. A screen that cannot be seen and presumably isn’t a more substantial modification would likely be covered by s110. I would therefore lean toward Jimmy’s argument because.

s110..

(8) Section 108 does not apply to minor renovations carried out in accordance with this section.

[Just Asking]

Hi Jimmy, please cut me a slice of humble pie. I gave a reflex response, not a considered one.

We do not know the type of screen proposed. I had assumed a privacy or solar screen made of metal with either frosted glass, slats or louvres. It could possibly even be an insect screen. Nor do we know the proposed scope of works, whether the screen is part of a refurbishment of the balcony area.

Even if the erection of the screen can be characterised as a renovation, situated on the corner of the balcony it is likely to alter the external appearance of the lot. It may be out of the line of sight of other owners, but it will at least be visible by the owner. The proposed installation of the screen would probably fall outside s110 SSMA as the section does not require the change to the external appearance to be visible from any given viewing position.

I do look forward to reading the chronicling of the adventures (or trials and tribulations?) of Strataboy.

[Jimmy-T]

Just Asking wrote:

Even if the erection of the screen can be characterised as a renovation, situated on the corner of the balcony it is likely to alter the external appearance of the lot. It may be out of the line of sight of other owners, but it will at least be visible by the owner.

If it’s only visible by the owner or their guests when they are in the lot then the EXTERNAL appearance of the screen is not affected.  External means from outside.

It really is as basic as that.  And here’s another consideration, if the strata committee agrees this is a minor renovation but attaches conditions such as continuing maintenance what’s the downside (apart from Strataboy not earning a fee for registering the by-law)?

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.

[Ziggy]

I wanted to put an awning on my balcony that was attached to the common property roof. No you can’t was the SC’s response. You can’t because it would drip on the units below when raining. If I wanted one, I would have to create a bylaw and follow the council’s rules about size and visibility. Guess what, no one can see it as it’s 4 metres from the edge of my lot! Nowhere near anyone else’s property . So I wrote my own bylaw and had it voted on. Now I have the awning.

[Author]

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