Minor alterations, including load-bearing wall – correct process?

Installing a beam after removal of part of a load-bearing wall is surely not a “minor alteration” irrespective of which state or territory laws apply.

♦ But we still need advice about the location of the property – Whale

Thanks Jimmy, so in response to the questions raised in the first post:

1) Does she need a DA?  Initial questions to council appear to indicate yes.

Most Council’s require a DA for renovations involving structural changes, and that Application would need to be stamped with the common seal of the Owners Corporation (O/C) so that Council is aware that the necessary consents have been given (read on).

2) Do we need a GM to approve this or can the EC approve?  If EC can approve are there communication requirements to adjoining owners?  What is the threshold at which a GM is needed.

Unless an applicable Special By-Law has been registered against the Plan’s (Strata) Title, then any renovation that involves the common property can only be considered by the O/C at a General Meeting by way of a special resolution, where ≥75% of those voting (including by proxy) must do so in favour in accordance with the unit entitlement of their Lots for the matter to receive consent (i.e. a “poll vote”).

Otherwise, consent may be given by the Executive Committee inclusive of conditions such as those applicable to hours of work (noise), notifications to neighbours, the use of properly licensed and insured contractors (the details of whom should be provided by the proponent together with the overall scope of work), the handling of building residues, contractors’ parking, and the movement of materials across the common property.

3) Is a by-law needed? If not, do we have adequate protection under the strata laws to hold the owner to rectification of any damage or unforeseen consequences of the works.

If necessary (refer above) a Special By-Law including conditions such as those mentioned above and the “protections” that you mention, together with one making the proponent and subsequent owners of the Lot concerned (and not the O/C) responsible for the on-going maintenance and repair of all common areas affected by the renovations would need to be prepared at the proponent’s cost and in advance of the General Meeting. If passed, then in order to be legally enforceable the Special By-Law would need to be properly Registered on the Plan’s (Strata) Title by NSW Land & Property Information.

Side question – can GMs be conducted via Skype conference calls?

The NSW Strata Schemes Management Act and the Regulation are both silent on the subject of “electronic meetings”, but in this case where there will be Plans, and possibly a DA and the draft of a Special By-Law to consider, together with the complication of a “poll vote” (as opposed one determined by a simple majority), I wouldn’t recommend that approach, particularly as a General Meeting convened to consider renovations and associated matters is paid for by the proponent.

Finally, and as the applicable consent process depends upon whether or not the proponent’s renovations involve common property, your O/C or its Strata Manager needs to definitively determine that from the baseline that all perimeter walls (i.e. external and adjoining other Lots), together with the ceiling and the floor of the Lot come under that classification. A word of advice — don’t fall for taking short-cuts or for permitting renovations to occur on the basis of a wink and a nod!