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Reading some of the mail we get here, you’d think all by-laws are stupid, all Executive Committee members are interfering busybodies, and all owners who want to do their own things are innocent victims of oppressive “Nanny State” rules. The truth can be a bit different…
QUESTION: I need to re-do my bathroom and kitchen but my strata has a special by law outlining about a million things to be done prior to the work beginning.
This includes submission of plans and obtaining written consent. How much power does the EC have over my renovations? Can they refuse if I am replacing the kitchen and bathroom?
The by-law also states that work must be carried out during the hours and days specified by local council however not before 8 or after 5 and no work on a Saturday, Sunday or public holiday? Can they restrict the hours if it contradicts Fair Trading regulations? – RenoMan, via Flat Chat Forum
ANSWER: You may think the by-laws are too restrictive, but your neighbours will want to be sure you aren’t putting a bathroom over someone’s bedroom, the work is compliant with Australian Building Standards and they get peace and quiet at weekends, early mornings and later at night.
By-laws legally can’t be contradictory to existing laws and, unless they are invalid in that way, they operate on top of state and council restrictions.
They are only there because owners have collectively agreed on them (or don’t disagree with them enough) and the reason fairly restrictive ones are in place is often because renovations in the past have made residents’ lives a misery.
It raises the whole question, though, of whether DIY renovations are appropriate for apartment blocks. Sure, it’s cheaper (and there’s personal satisfaction) but professionals will get the job done quicker, more efficiently and in the permitted hours.
Is this another home owners’ right you shouldn’t have to waive when you buy into strata? Is it fair for you to enhance the value of your property at the expense of your neighbours’ peace and quiet?
The debate is raging HERE
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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On the noise issue, all strata blocks have a noise law
This is the standard one from the regulations
1 Noise
An owner or occupier of a lot must not create any noise on the parcel likely to interfere with the peaceful enjoyment of the owner or occupier of another lot or of any person lawfully using common property.The “power tools rule” actually allows you to break the standard noise law at certain times
On the building renovation approval, the strata needs to be provided comfort that any renovation is not dangerous (damaging the structural integrity of the building) it has massive liability/insurance issues.
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