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  • #12060
    acat
    Flatchatter

      Im in NSW – I want to rebuild (enlarging slightly to place weightload appropriately yet still within my lot) a rooftop pergola on my lot, enclosing the walls and front with glass louvers and doors to manage the elements (weather/birdlife)..                                                                                                                                            I put a motion to the AGM re support for making a council DA application, including professional plans and engineers letter of adequacy, and our strata renovation works bylaw application on which you sign undertaking including building/plumbing/engineers certificate compliance and also re undertaking/registering a bylaw exclusive to that lot. The impact of the proposed renos will impact no more than the current low regard and in my view will be a visual improvement

      This was passed by majority vote. Notably it would not have passed under a special resolution vote.                      I was told if/once I received DA approval it would still need to go to a gen meet or AGM for consent under a special resolution. Is this correct process ? I am worried that I will now be spending considerable sum of money for further engineers docs etc when it may still not be approved.                                                                    

      Also wanting to undertake internal renovations, which include putting second bathrom/laundry into kitchen area, and new kitchen into a fully enclosed balcony area (most other units have turned this into an additional bedroom – without council approval as such), I put a separate motion for these as I dont think it requires a DA – just strata approval – however the Agenda had a subsequent motion for support for DA application as well. I started my belief a DA was not required, thus the separate motion (i had also outlined this when submitting the motions).              However this ended up not passing with several abstaining as they thought they would be obtaining further information by a DA process. Their concerns appear to be the plumbing/waterproofing. I had provided the signed Strata Reno Works Application undertaking to provide this to code and certificates etc..

      Unreasonably, it appears the situation is compounded by some owners annoyance at unauthorised works undertaken by others, and a belief that all the residents have been restricted from using the rooftop, when it is clearly part of my lot and this has been confirmed by legal advice obtained by the strata in 2016.

      I am unsure how to approach resolution – should I include the internal work re bathroom and kitchen in the DA application (will prob have to get amendment re scope of works already given support for making a DA app), or ascertain and provide further info requested and put internal renos  to another meet for strata approval, a meet I’ll prob have to pay for..  and will require special resolution vote…

      Assuming I will have to undertake a dispute process re unreasonable refusal, which application process would be more advantageous. 

      Thanks!

       

         

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