- This topic has 21 replies, 6 voices, and was last updated 9 years, 10 months ago by .
-
Topic
-
I would welcome comments on this situation please.
1. OC lets a new owner get away with 2 minor renovations without going through the whole strata process.
2. New owner states he wants to renovate the bathroom – the shower is leaking into my garage beneath so OC agrees to pay for waterproofing/tiling of that area & allow new owner to renovate the rest of the bathroom – he tells us he is installing an additional toilet, basin & shower & wall, so effectively creating another bathroom.
3. When I give new owner’s builder access to my garage to inpsepct the current pipe from the new owner’s unit above that is for basin, shower & bath, he tells me there are 4 floor wastes going in and there will be an additional 8 pipes which will run throught the top/middle of my garage. As I have mezzanine storage in my garage, I told him this is the first I have heard of this & objected. We ended up agreeing on reducing the floor wastes to 2 & the pipes to 6 with removing the existing single pipe & arranging the pipes flush to the wall & high up so I did not lose too much storage space. I was not happy but compromised.
4. When I inspected the work, I find the builder did not do as we agreed & drilled a hole where I did not want it etc so I had to kick up a fuss (& argue with him) to have it changed back somewhat to what we agreed – it was too late to have it exactly how I wanted it (of course there were excuses why it could not go into the wall & not my garage). Basically, I had no opportunity to explore other options – I felt it was forced upon me – other members of the OC also not happy in the manner this was conducted. New owner did not get involved as he kept saying, just tell the builder (who happens to be his son-in-law) what you want.
5. Then I discover common property (laundry & rear patio) have been impacted with work not finished off property & plastic materials used. All the rest of the OC not happy with this.
6. Now the builder & owner are pretty relaxed, timewise, about repairing my garage (eg painting the new pipes, sealing up holes in the wall, removing the old pipe that was cut off etc) as well as finishing off the work to common property to a better standard (eg fill gas & holes). I haven’t been able to use my garage for 3 weeks & I work out of there (keep tools, motorbike, etc).
7. On top of all that, builder parks in front of my other garage & NOT in front of the new owner’s garage, has worked late & upset another owner by this, left a nail in the driveway, cigarettes & a small amount of papers/plastics etc are left in the back (common) yard & he brings his dog every day – unleashed & defecates (not picked up) – which another owner has already objected to when a visitor of theirs brought 2 dogs whom jumped on everyone. New owner has been good about not parking in front of my garage before renovations. But during renovations, there can be 3 utes parked in front of my garage, in the driveway – personally, when I am working at strata properties, I might drive down the driveway but only to unload my equipment/materials & then I drive out & park on the street!
8. New owner is not living at the property during the renovation & I am writing to him about another strata matter (basically giving him the agenda & financials for our upcoming AGM with our brand new strata manager) so I have drafted a letter saying I & the other owners were surprised that private & common property were included in his renovation as he did not mention it & his work requires written approval from the OC with a by-law relating to the ownership/responsibilities for repairs etc. I will address the ‘permission’ to build into someone else’s lot in person, at our AGM.
9. My letter also asks that any further renovations please be discussed with the rest of the owners (there are only 4 of us in the strata plan & 1 of us owns 2 lots so he only has to talk to 2 people) in advance with sufficient time to consider all the possible impacts to all of us and agree on details such as: the allocation of responsibility for future maintenance or repairs; the rectification of any damage caused by the renovation (eg filling of holes & painting); how and when the work will be performed (eg materials used on common property areas, working hours, access arrangements, clean up, etc).
10. So, I have suffered a loss (reduced storage space in my garage, not being able to use my garage, having to liaise/argue/keep following up with with his builder & him separately as well as feeling personally offended by the way the whole thing has played out, especially as the OC was trying to be as reasonable as possible with him but now we have to insist on the full strata process all the way no matter how time consuming, difficult or costly.
11. His builder has mentioned 2 more renovation plans (install french doors in the bedroom leading out to the balcony & closing off the front door permanently (there is aonther door at the back) which will signficantly change the appearance of the building & force the person who is living in that unit to walk to their back door down the driveway, right past our bedroom – the new owner is quiet when he does that but there is no guarantee the next owner will be & if he/she doesn’t even have the option of using the front door, as it has been removed, we will have to live with the driveway being the main thoroughfare to that unit.
12. I am confident our new strata manager will be able to assist us at the AGM when this is discussed & will attempt to ‘educate’ the new owner on requirements/obligations but I am interested in any comments from people on this forum. Yes, I know I was stupid to allow anything to be built in my property without the proper approval but I did not want to take such a hard line as mucking up their renovations totally – although perhaps I should have – they do have the option of using the existing pipes in the unit without affecting private or common property but would probably be way more expensive.
-
Replies
-
These changes require a Special Bylaw approved by 75% of the owners present at a GM and the bylaw must include a commitment by the owner of the lot to accept responsibility for the changes made to the common property AND accept responsibility for the changes made to your lot to allow for these changes.
If the owners does not submit a suitable bylaw at the next GM I would suggest that you submit a motion requesting that the common areas that were changed be restored to their original condition and set a time frame. This only requires a simple majority in favor to pass. If he fails to do so the Strata can authorize the work themselves and bill the owner the full cost.
If nothing is done once the property is sold the Strata inherit the responsibility for this bodged job and any remediation required.
Also, it’s likely such a major renovation (moving walls or creating new rooms) needs council approval.
General infomation from the HIA is here:
https://housinglocal.com.au/renovating/before-you-begin/building-permits.aspx
You generally do need council approval for “reconfiguration of internal space by moving or removing walls, new window and door openings”.
I would have thought too, considering that you most likely own the air space in your garage (and not the OC), your permission would have been required (as well as the OC’s) if more of your air space was going to be used by another lot.
There are things like implied easements which allow original pipes etc to protrude into the air space of other lots. But once in place, I don’t think these easements can be automatically changed or extended without the affected owner’s permission – especially is the change significantly affects the other lot’s property (air space).
It might be time to contact a strata lawyer.
@Austman said:
Also, it’s likely such a major renovation (moving walls or creating new rooms) needs council approval … You generally do need council approval for “reconfiguration of internal space by moving or removing walls, new window and door openings”.My neighbour removed a wall, extending his lounge room into the space occupied by a third bedroom, meaning it now adjoins the bedroom of the next door flat. City of Sydney council said they had a certificate from the builder saying it was “exempt” and didn’t need a DA. The EC said they had a letter from the council saying it had been approved. The council said they had no right to check and if there was a problem we should take it up with the builder who issued the certificate. So maybe the need for approval isn’t as “likely” as you think.
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.
@JimmyT said:
So maybe the need for approval isn’t as “likely” as you think.It was the HIA that said approval was “generally” required. I was citing them!
But it seems councils routinely allow licensed builders, surveyors, fire safety officers etc to implement and even approve their requirements. Still, if a builder was accused of issuing an exemption certificate incorrectly, one would hope the council or the licensing authority would investigate.
For what it’s worth, my council (inner city Melbourne) states:
“Building Permits are generally required for: Internal work to your house that requires windows or walls to be moved or altered”.
SP of 4 – The problem you’re facing is that like it or not your Owners Corporation (O/C) gave approval to your neighbour’s renovations without following the relevant provisions of the NSW Strata Schemes Management Act (SCMA), you cooperated, and now that things haven’t worked-out as expected it’s trying to resolve that by enacting those provisions retrospectively.
Apart from urging that your O/C follows the proper procedures in future, all I can suggest is that you tread very carefully on this occasion, as whilst your posts don’t indicate just how much of that “approval” was in writing, your new neighbour could claim he had an expectation that the O/C’s consent was properly given.
Furthermore, the Special By-Law (SBL) that you’re now proposing in order to shift maintenance and repair responsibilities of the plumbing and other works to your neighbour would be unenforceable under the SCMA unless that owner agrees in writing to its provisions, and of even greater significance, if the units-of-entitlement attached to your neighbour’s Lot represent >25% of the aggregate for your Plan, then a “NO” vote by them at a General Meeting would see a Motion to create and Register a SBL fail.
Hopefully, your new Strata Manager knows what he/she’s about and can negotiate an amicable and legally correct solution.
Thanks for the clarification. I hope that your new neighbour is as cooperative as you have been in setting things right, and that your new Strata Manager knows the ropes.
Good luck!
I agree with Whale you were both in the wrong but your error was minor and done in good faith, whereas he took advantage of the situation.
As no vote or approval was given at any EC or OC meeting legally he is in the wrong as he doesn’t have the approval for any changes (just approval to repair the leak). I would suggest you submit a bylaw (written by yourselves) to the owner outlining his new responsibilities that you will vote at the next GM or he can provide his own bylaw to be voted on at the same GM and unless one is passed the improvements must be removed.
You could also advise him that if neither bylaw is passed you will be removing the offending pipes in your garage immediately after the GM. You are only legally obliged to leave the original pipes that do have approval.
@Strata Plan of 4 by the beach said:
We really wanted to establish a good relationship with the new owner as the previous owner was an absolute nightmare …It is good to be able to nut things out on this site. I hope to post another reply about the mutually agreeable resolution.
Haw about arranging a mediation through the Community Justice Centre which will give you a chance to explain to them that there are procedures they have to follow (and consequences if they don’t). You can even give them a copy of Fair Trading’s “Strata Living” booklet and point them in the direction of the NSW SCA’s online training program
Most strata breaches occur from ignorance rather than arrogance. Or, as one sage put it, never ascribe to malice anything that can just as easily be explained by stupidity.
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.