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25/05/2024 at 4:54 pm #74395
A neighbour wants to renovate a lot and circulated an email to the committee ahead of assembling all his papers for a general meeting. He wants the committee to informally “pre-approve” his plans before he spends money on experts.
He wrote
“that after approval from strata, I will engage with Qualified and registered Architects and Engineers”.
I am new to the committee and have not dealt with renovation matters previously.
Correct me if I am wrong, but it seems to me that the neighbour has things backwards. Surely a committee or a general meeting is in a position to approve or not approve (following proper consideration of a renovation proposal) only AFTER reports from Qualified and registered Architects and Engineers are submitted to the committee. Not before.
Or is a committee to guess that the plans submitted make sense? Are structurally sound? Etc…
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26/05/2024 at 9:38 am #74408
There is nothing wrong with the committee saying they approve a project (or otherwise) in principle but subject to the usual by-laws and owners corporation approvals. Asking someone to go and get all the paperwork, by-laws and detailed design done before you even look at it is a bit much when it could say from the beginning whether or not it supports the plan and why, allowing the applicant to make adjustments or even abandon the project before they go too far down the road. The committee can’t approve major renovations and it can only place conditions on work for minor changes.
Saying that a proposal is OK subject to approval by the Owners Corporation, including relevant by-laws, doesn’t commit either party to anything, except to consider the proposal on its merits.
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.
- This reply was modified 4 months, 3 weeks ago by .
26/05/2024 at 8:37 pm #74410Jimmy, thanks for the reply. Below are some more points:
1. Nobody on the SC (me included) knows what we’re looking at when studying a design document given to us;
2. The forthcoming by-law will be standard as it’s to be prepared by the OC’s solicitor;
3. The OC tends to vote as guided by the SC. So what the SC agrees to, now or later, will be the OC’s decision; and
4. One woman on the SC with a keen eye found that the renovator wants to make changes to the roof of the building (change the pitch) to allow for his renovations. When she approached him, he informed her that the changed roof is needed to partly cover an outdoor area he wants to construct. She has not studied the plans in detail so she cannot say (nor can I) what other issues are raised by the proposed renovation.
Given (4) above, I can see no benefit to the OC in allowing a change of the building’s facade. Also I have no idea of the impact on common property of the renovations. Hence I thought the done thing would be that the renovator would supply the SC with a letter from an architect or engineer listing all the modifications as well as their impact on the common property, if any. That way the SC can make as close to an informed decision as possible.
26/05/2024 at 8:46 pm #74412Seems to me you have already discovered enough to merit an approval or disapproval “in principle”. Since, by your own admission, you don’t have the skills required to assess the plan in its current form, I don’t see what more useful information engineers reports and architectural drawing s are going to provide.
The committee doesn’t have the power to approve or deny this level of work as the owner will be affecting and maybe intruding into common property. so the owners corp have the whip hand here.
Also, I can’t see how the by-law required would be a standard one. This is a specific project that will require specific by-laws. I would tell the applicant to go away and come back with more information.
But, to get back to your original question, of course a strata committee can give owners an idea of whether or not a project will be approved without committing to a decision either way.
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.
29/05/2024 at 3:44 pm #74422@Jimmy, thanks for the feedback. You raise interesting issues.
29/05/2024 at 3:45 pm #74420This sounds like a more general initial conversation between the owner and the committee who would need to make themself informed beforehand. The scope of works mentioned by a roof change initially sound quite major and beyond the authorization of the committee, and requiring an agm/egm vote with suitable and somewhat indepth information for all owner’s to make a decision on. If the owner or the builder really know what’s involved here would they not understand what they need provide to make a convincing, legally do-able case? If I owned there then there’s no way I’d even consider changes to that degree which will likely greatly affect the look of the whole property and the precedent it would establish without full information to sway my opinion and vote choice.
29/05/2024 at 5:25 pm #74438It sounds to me like the owner wants to do some fairly major works, which include changes to the common property, and likely also taking over common property. That is very complex and if it did go to the owners for approval there is a wide range of issues that would have to be dealt with, which could include things like the owner paying the OC for taking over common property, allocation of liability, indemnities etc.
There is nothing wrong with sounding out the Committee about their likely position on something like that, but if the works involve changes to and/or taking over common property, then the Committee doesn’t have the power to approve those works.
What you could say to the owner is they should provide an overview document setting out what they want to do as a starting point – that is the beginning of the process. The Committee is not in a position to approve anything at this stage. I know a building where a lot owner did something similar, and it took a long time for him to obtain approval, i.e. a couple of years.
31/05/2024 at 7:44 am #74481Unless the owner is a serial renovator, they may be quite shocked to learn that changes to the roof may result in them taking over ongoing responsibility for the roof (I say “may”) because nothing is decided yet. So this early process is informative for all owners.
We are at this same stage in my block. Serial renovators have moved in and are keen to make modifications. We are in discussion about what the OC is and is not likely to approve. No point in the owner paying for professional reports for anything that is going to be an outright “no”. Taking over the roof cavity (common property) for their hot water tank is likely to be a no. Putting aircon on the roof in a non-visible area is likely to be a yes with them taking on responsibility for that section of the roof. So it’s not worth them spending any more money exploring their hot water plan, but they can confidently spend money exploring the aircon plan in more detail. In fact, their aircon plan is likely to prompt the Committee to develop a broader aircon by-law that covers all lots.
If you don’t feel confident discussing drawings, ask for a physical walk-through. If they won’t allow that, then you can hold off having any discussions about their Reno. We had to do that with our serial renovators who didn’t want to provide access for the purpose of discussing their plans. Eventually they worked out that No access = no discussion = no approval, so we’ve moved on from that particular stand-off.
31/05/2024 at 7:47 am #74484Eventually they worked out that No access = no discussion = no approval, so we’ve moved on from that particular stand-off.
Once renovators realise they don’t have the right to do as they please but the owners corp has the power to prevent them, compromise becomes a more likely possibility.
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.
- This reply was modified 4 months, 2 weeks ago by .
01/06/2024 at 1:22 pm #74516Here is an analogy. I like to use analogies
If you are a house owner and you want to renovate your house, You can talk to the council town planner and get an idea of what is and is not going to fly. They will tell you that this meeting is just informative and you need to submit plans for final approval
You then have to spend money , and lots of it, getting a site survey and drawings done to then submit these to council for approval. It may not be approved the first time, so back for round two and more
What is the difference in strata? I think none
No one wants to spend money needlessly, but sometimes it has to be done.
One cant make an informed decision without adequate information. the source of information in the building industry is drawings and specifications
01/06/2024 at 1:32 pm #74527Your analogy has a few substantial holes in it, not least what constitutes “adequate information”.
If you go to your committee and say, “hey, I want to extend my roof and build into the common property air space and change the exterior look of the scheme,’ what’s to stop them telling you that you will need by-laws, council planning and, by the way, a lot of other owners will object and will have good grounds to do so.
But no, according to the analogy, the committee will need to see detailed drawings and engineering reports on something that had a fairly limited chance of approval in the first place?
A lot of people in strata don’t know what restrictions there might be on them doing what they want with their homes. Explaining the facts of strata life to them costs nothing, commits no one to anything either way, and avoids unnecessary cost or conflict.
That is VERY different from having a chat with your council planning department, not least because the planning person is not your neighbour.
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.
- This reply was modified 4 months, 2 weeks ago by .
01/06/2024 at 1:36 pm #74528He wants the committee to informally “pre-approve” his plans before he spends money on experts.
And there you have it – “informally” – the applicant is just trying to see which way the wind blows before spending money that may be wasted because the project was never going to fly in the first place.
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.
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