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  • #76530
    GreyArea
    Flatchatter

      We are renovating our internal laundry with new cupboards and storage. However,  some pipes need to be moved along the wall to accommodate the relocation of the laundry sink.

      Our strata manager is telling us we need a special by-law to cover this in addition to a “scope of work” and plumbers diagram.

      Any advice on whether this is correct?

      Thanks

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    • #76546
      Newcastle_SM
      Flatchatter

        We are renovating our internal laundry with new cupboards and storage. However,  some pipes need to be moved along the wall to accommodate the relocation of the laundry sink.

        Where are those pipes? Is it an internal wall or an external wall?

        GreyArea wrote:

        Our strata manager is telling us we need a special by-law to cover this in addition to a “scope of work” and plumbers diagram.

        If it is an external wall you are now moving pipes which may be common property in your complex. Because of this the approval and subsequent need for a by-law is because of Section 108 of the Strata Schemes Management Act 2015.

         

        The by-law is to protect the owners corporation from potential cost in the future should there be an issue because of that relocation.

        #76550
        tina
        Flatchatter

          Hello GreyArea

          I suggest your read Section 108 of the Strata Schemes Management Act 2015.  The full text of the Act is on the NSW Legislation web site.  I copy/pasted it here.

          108 Changes to common property
          (1) Procedure for authorising changes to common property An owners corporation or an owner of a lot in a strata scheme may add to the common property, alter the common property or erect a new structure on common property for the purpose of improving or enhancing the common property.
          (2) Any such action may be taken by the owners corporation or owner only if a special resolution has first been passed by the owners corporation that specifically authorises the taking of the particular action proposed.
          Note—
          If the special resolution is a sustainability infrastructure resolution fewer votes may be needed to pass it. See section 5(1)(b).
          (3) Ongoing maintenance A special resolution under this section that authorises action to be taken in relation to the common property by an owner of a lot may specify whether the ongoing maintenance of the common property once the action has been taken is the responsibility of the owners corporation or the owner.
          (4) If a special resolution under this section does not specify who has the ongoing maintenance of the common property concerned, the owners corporation has the responsibility for the ongoing maintenance.
          (5) A special resolution under this section that allows an owner of a lot to take action in relation to certain common property and provides that the ongoing maintenance of that common property after the action is taken is the responsibility of the owner has no effect unless
          (a) the owners corporation obtains the written consent of the owner to the making of a by-law to provide for the maintenance of the common property by the owner, and
          (b) the owners corporation makes the by-law.
          (6) The by-law—
          (a) may require, for the maintenance of the common property, the payment of money by the owner at specified times or as determined by the owners corporation, and
          (b) must not be amended or repealed unless the owners corporation has obtained the written consent of the owner concerned.
          (7) Sections 143 (2), 144 (2) and (3) and 145 apply to a by-law made for the purposes of this section in the same way as they apply to a common property rights by-law.
          Note—
          A new by-law or other changes to the by-laws for a strata scheme must be approved by a special resolution of the owners corporation (see section 141).

          Special resolution means that you hold a meeting of the owners corporation and 75% of the people voting at the meeting are in favour of the proposal.

          If the laundry wall is shared between two lots or bounded to the outside world, it is common property.  If it is an internal wall, then it is part of the lot.  I think that pipes which only service one lot are part of the lot.  You could ask a strata lawyer to help you understand whether this is common property.

          You may notice that the subsequent section 110 handles “minor renovations”.  Even though you think that a laundry reno is “minor”, there are two lists setting out what is considered a minor renovation:

          Section 110 of the Strata Schemes Management Act 2015
          (a) renovating a kitchen,
          (b) changing recessed light fittings,
          (c) installing or replacing wood or other hard floors,
          (d) installing or replacing wiring or cabling or power or access points,
          (e) work involving reconfiguring walls,
          (f) any other work prescribed by the regulations for the purposes of this subsection.

          Section 28 of the Strata Schemes Management Regulation 2016
          28 Minor renovations by owners
          Work for the following purposes is prescribed as minor renovations for the purposes of section 110(3) of the Act—
          (a) removing carpet or other soft floor coverings to expose underlying wooden or other hard floors,
          (b) installing a rainwater tank,
          (c) installing a clothesline,
          (d) installing a reverse cycle split system air conditioner,
          (e) installing double or triple glazed windows,
          (f) installing a heat pump,
          (g) installing ceiling insulation.

          #76577
          Quirky
          Flatchatter

            You say you are moving pipes “along the wall”, so as the other responders say, you need to determine if the wall is common property (ie, a boundary, shown in dark lines on the strata plan), or an internal wall, which means the wall is all your own property. Also, do those pipes only supply water to your Unit, or are they supplying other Units too? If they supply more than one lot in the plan, then they are common property. Finally, only pipes inside the boundary wall count as common property. So possibly you could connect to the internal wall pipes at a convenient spot, and run new pipes along the wall (inside the new cupboards perhaps), and pipes in the “volume” of the Unit, and not inside a common property wall, then belong to the owner.

            The issue is about who is responsible in the future if a new pipe leaks? The renovation by-law transfers responsibility to repair and maintain a common property item from the owners corporation to the owner, from then on. In the future, people may forget about the renovation, and when a plumber turns up to fix a burst pipe, the renovation by-law (if someone remembers to check it) will mean that the owner gets charged, instead of the OC for fixing the replaced pipes.

            #76620
            Shortcrust
            Flatchatter

              This is very interesting indeed. Especially Tina’s contribution.

              As I am new to strata, could someone please clarify the following:

              A) before a vote is taken on a renovation, are by laws, required (as a means to protect the OC) to be officially requested by the OC from the renovator or is it assumed the renovator will provide these as a matter of course?

              B) are by laws  needed for every action by the renovator if it impacts common property eg one by law for  installing air conditioning in common walls, one by law for  installing wooden floors and one by law for a jacuzzi?

              C) should by laws specify exactly what is to be covered? That is for instance, air conditioning? Or can the by law be vague and suggest a blanket cover for additions and modifications by the renovator?

              D) if a renovation is waived through at a meeting of owners and by laws were either not requested or provided before the vote or at the vote, then any R&M including the possibility of undoing the renovation will be at the cost of the OC, true?

              Thanks.

              • This reply was modified 2 weeks, 2 days ago by .
              #76644
              Quirky
              Flatchatter

                It’s kind of a grey area. But it’s up to the Owners Corporation, in the form of the strata committee, or the owners acting collectively at a general meeting, to require a renovation by-law. If they do not do so, then the Owners Corporation (in theory) continue to be responsible for the future repairs and maintenance of the common property, that was affected by the renovation.  Keep in mind that the warranty that covers the renovated pipes and fittings attaches to the owner who purchased them. Thus, if they are faulty, and there is no renovation by-law, it gets complicated when the OC has to do the further repairs, while the owner is sitting on the warranty.

                In practice, it’s worth treating each case separately. Registering a renovation by-law costs money, and must be done within 6 months of the general meeting that approved it, both for the fees for updating the by-law, and often legal costs in drafting the by-law. So this is more commonly done for expensive and extensive renovations. Renovation by-laws can be applied for retrospectively too. And the warranty issue means that even without a by-law the OC can pressure the owner into funding any additional repairs.

                #76662
                UberOwner
                Flatchatter

                  The renovator may not know that a by-law is needed, so the Committee should not “assume” that these will be provided. In fact, the Committee should specify what is to be covered in the by-law to ensure the protection of other owners.
                  A single by-law can cover a full renovation with separate clauses for aircon, electrics etc.
                  The by-law should be as specific as it needs to be. It may be tested in the tribunal one day, so you don’t want to leave wriggle-room for the renovator to get out of his or her responsibilities. My building prepared a by-law recently giving all apartments permission to install aircon with the external units mounted on common property. The by-law included photographs, one for each lot, showing where the units could be mounted. It also included requirements for how the units should be attached, what materials could be used for attaching and what colour the external units should be, plus hours that trades could work. This is for a by-law that might not be used by some lots for another 10 years.

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