New Bathroom- is it a common property issue?

Yes your interpretation is pretty much spot on.  Requires a by-law for alteration or attachment to common property (in this case the floor and possibly common walls), which to pass requires a special resolution  at a general meeting.  As an owner I’d be concerned to see the plans before I’d even consider giving my blessing to it, even though that may not be a requirement under the Strata Schemes Management Act.  I’d also say that even if the motion did succeed the Local Council may need to be involved. 

4atRW – I noticed that you logged in earlier today, so as you’re obviously looking for a response I’ll jump in (sorry DaveB).

If the floorboards are those originally installed when the Building was constructed and they’re now defective, then the replacement of those is the Owners Corporation’s (O/C) responsibility, but if the circumstances are (as I suspect) otherwise, such as where the Owners of the Lot just want to replace them with flooring of the same or a different type, then that’s their responsibility, and YES those Owners will need to put that to a General Meeting together with whatever else they’re proposing by way of renovations to their Lot, and including details of precisely what’s proposed (i.e. plans & specs.), who’s doing the work (i.e. names / license & insurance details), and an written undertaking by them to be responsible for the ongoing maintenance, repairs, and replacement of all works comprising their proposal (see last para.).

The above requirements are covered by the provisions of Sect 65(A) of the NSW Strata Schemes Management Act (1996), where a minimum 75% of those present at that General Meeting, both personally and by proxy, would need to vote in favour by unit entitlement (i.e. a “poll vote” as opposed to one determined by a a simple majority vote) in order for the Lot Owner’s renovation proposal to be Consented; that’s the Special Resolution referred to in Cl.1 of that Section.

That Consent (if granted) would normally include Conditions such as noise levels during the works, permitted hours-of-work, disposal of building wastes, the movement of materials around the Common property, and the parking of contractors’ vehicles etc etc. 

The making of a Special By-Law doesn’t always follow the passing of a Special Resolution, but in this case it should in order to meet the provisions of Cl.3 of Sect 65(A), where the O/C must use that means to at least assign to the Lot Owner the absolute responsibility to properly maintain etc their renovations wherever those involve its Common Property, and in this instance something about max. permissible noise levels transmitted to other Lots (such as yours) post completion of the works.

A Special By-Law of this type should be prepared for the O/C at cost to the Lot Owner, and be presented to the General Meeting concurrently with the Lot Owner’s Proposal, together with that undertaking that I referred to (in para 2) in order to satisfy the provisions of Cl.4(a) of Sect. 65(A).

I hope you’re now better aware of all the procedures involved in an O/C properly considering a Lot Owner’s renovation proposal, but let me tell you that if an O/C gets it wrong or decides that even some of those procedures are unnecessary or just too hard, then there can be (and usually are) undesirable consequences.

Those are for both the Lot Owner who, if a Building Approval is required will need to provide Council with a copy of the O/C’s consent or at least have any required Plans stamped with the O/C’s Common Seal, and if the works are otherwise undertaken will suffer the consequences of a Strata Inspection at the time of a future sale picking-up un-consented works, and further undesirable consequences for the O/C itself who will be lumbered with maintaining works that it neither commissioned nor undertook, at the behest of both the current and all future Owner/s of the Lot involved.

All the more reason for your O/C to get some legal advice, at least on the drafting of that Special By-Law that could by the way be specific to this Lot Owner’s proposals (where they pay) or be generic if your O/C anticipates further proposals of this type from other Owners in the future (where the O/C pays); talk to your Strata Manager and/or to one of FlatChat’s sponsors HERE.

Boronia – NO it wouldn’t, as unlike the previous matter discussed here, works associated with the installation of a floating floor don’t involve an addition, change, or alteration to the Common Property of the Plan.

However (there’s always at least on of those in Strata) the installation of timber floating floors, and the cheaper laminated versions in particular, often leads to significant problems with the transmission of noise to other Lots both adjacent and below, and with the extent of that being largely dependent upon the structure of the building and how the Lot’s residents conduct themselves.

For that reason the Owners Corporation’s prior written consent to such works should always be sought via its Executive Committee who should at least be provided with details of the product, the type, specification, and performance standard of the acoustic underlay proposed, the Contractor who’s undertaking the works, their insurance coverage, and the time/s and date/s of their proposed works.

It’s worth noting that our lawmakers and strata aficionados so recognised the impacts that I’ve discussed here around post-construction timber floors, that the then proposed reforms to NSW Strata Legislation placed changes of that type in the same category as those involving structural changes to a Lot, thereby requiring all requests for consent to be put as Special Resolutions to a General Meeting of the Owners Corporation.