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  • #9190

    Hello,

    I hope I have the right board for this query, and I hope you can help me!

    I own a strata unit in a building in Sydney’s east. A few months ago, we discovered the shower is leaking. Since that time, we have tried a number of repairs. None has worked, and we have run out of “repair” options. We now feel the only option available to us is a full gut of this very old bathroom – especially as the leak is now affecting the unit beneath us. (Water stains have recently appeared on their ceiling.)

    The problem is that even though this is something we are doing through necessity, rather than just “wanting” an upgrade, the Strata Managers advise it is still defined as a “major” renovation. Therefore, we will need a special by-law and 75% of votes at a General Meeting. This is a lengthy process, and the next General Meeting is not until early November.

    Surely, oh SURELY, there must be special provisions when a gut is required due to a shower being beyond repair? And causing damage to a neighbour’s lot? Do I really have to wait until November? This is not a renovation I WANT. It is something that we need to do. Any advice on this, please?

    Complicating matters, we have tenants living in the apartment. They are only two months into a six-month lease. We would like them to move to another place so we can get this sorted – but technically they have a right to stay there, and that’s what they are doing. We are having very tense conversations with them, via our managing agent, about limiting the use of the shower. I dread where this is going; worried we will have to pay for a hotel for them to stay in until their lease ends in September.

    I would welcome your thoughts, Flat Chatters.

    Thanks,

     

    SECM

Viewing 7 replies - 1 through 7 (of 7 total)
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  • #20254
    Jimmy-T
    Keymaster

      There are various emergency provisions in strata law but the simplest thing might be for you to arrange an Extraordinary General Meeting (under Section 19, below) where you can present your plans and get them passed. 

      There shouldn’t be any objection to either the meeting or the proposal as you are taking away the owners corporation’s responsibility to fix the bathroom waterproofing.

      Normally, you would have to bear the cost of the EGM and the by-laws written for it (unless there is a template in your existing by-laws) but since this is to everyone’s benefit, you might reasonably ask the owners corp to chip in.

      All things being equal, the secretary will call the EGM, very few people will turn up, someone will object but they will be outvoted and you can get on with your renovation.

      Be as accommodation as you can on issues like noise, removal of rubbish and use of qualified, licensed tradies and give your neighbours no reason to object.

      But if they do, you can seek orders at NCAT forcing them to fix the leaks at their expense as a matter of urgency (and usually explaining that pulls the recalcitrants into line).

      Regarding disruption to tenants, consider offering a rent reduction and minimising the time they will be unable to use the bathroom.

      To calculate that, take the estimate of the time that bathroom installers have give you, add 50 percent and then another week, because that’s how long these things take in the real world.

      Or put a penalty clause in the contract so that they pay for any extra time the bathroom is out of commission.

      19   Other general meetings

      (1)  The secretary or a strata committee of an owners corporation may convene a general meeting (that is not an annual general meeting) of the owners corporation at any time.

      (2)  The secretary of the owners corporation, or another officer if the secretary is absent, must convene a general meeting (that is not an annual general meeting) of the owners corporation as soon as practicable, and not later than 14 days after, receiving a qualified request.

      (3)  A meeting may be convened on a qualified request even if the first annual general meeting has not been held.

      (4)  A request is a qualified request for the purposes of this section if it is made by one or more owners of a lot or lots in the strata scheme having a total unit entitlement of at least one-quarter of the aggregate unit entitlements.

      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.
      #20193

      Thanks, Jimmy. Appreciate your input.

      Yes, I think we may be headed towards an Extraordinary General Meeting.

      Excuse my ignorance, but if very few people turn up, how can we get the 75% of votes we need?

      Also, do you happen to know how much it might cost to call an EGM?

      Cheers.

      #20191
      scotlandx
      Strataguru

        You only need 75% of the votes cast at the meeting (not of all the owners), so as long as you have a quorum at the meeting that’s fine (unless you don’t get the 75%).

        Costs shouldn’t be that much, speak to the strata manager.

        #29619
        chesswood
        Flatchatter

          I don’t understand. Isn’t this repair a job for the OC? You didn’t cause the leak somehow, did you?

          I’d guess you (i.e. the OC) need to gut the bathroom, treat any concrete cancer, re-top the slab, apply a waterproof membrane, then replace the fittings and re-tile.

          Meanwhile, the unit is uninhabitable and they have to pay you market rent on it.

          The tenant will have to stay with Mum but doesn’t have to pay rent to you.

          #29621
          scotlandx
          Strataguru

            Good point – is/was the bathroom in original condition. That is, was the waterproofing the original waterproofing?

            #29625
            Jimmy-T
            Keymaster

              @scotlandx said:
              …. so as long as you have a quorum at the meeting that’s fine …

              AT AGMs you only have to wait half an hour from the scheduled start of the meeting before the chair can declare those present as forming a quorum.

              Is it different for EGMs?  Could be – just asking?

              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.
              #29647
              bluehouse
              Flatchatter

                Perhaps I am missing something, but wouldn’t the waterproofing of a previously unrenovated bathroom in NSW normally be the OC’s responsibility? 

                I would make absolutely sure about that before going further. I assume your Strata Manager thinks it would be your responsibility, so you may have to go further and consult a lawyer. The NSW Dept of Fairtrading Strata section can give advice on responsibility for repairs too, (although I think some on this site have found it unreliable). Peoples opinions from this discussion will give you a clue as well.  Then go back to the Strata Manager with your advice. 

                NSW Strata Law defines what is a major renovation, so the need for the by-law and vote at a General Meeting is right, but only if you are doing a bathroom renovation and/or involving waterproofing. Part of the point of a by-law is to transfer the future responsibility for the work to the owner.  If it is the OC’s responsibility to repair (even if repairing the waterproofing is a major event) then one wont be needed.

                However, given the disruptions involved in such work, you may find that doing a renovation at the same time is the most sensible course (or paying extra to get the materials used by the repairer to be the ones you choose) in which case I am not sure what is required. Anyone?

                Someone else may be able to say whether EGMs can now be held by electronic means instead, in which case calling an extra meeting may be even easier and cheaper to do. But as already said by others you definitely don’t need to wait for the AGM in November.

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