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  • #9607
    TC
    Flatchatter

      Hi all,

      I would like your opinions on whether it is lawful for an EC to decide to do renovations, that leave us with a loss of amenity.

      We are in NSW and are a number of coastal blocks totalling around 100 units.

      In one block of 12 units there has been a number (maybe 25%) of units that have a recurring water/weather issue. To resolve the issue the EC have decided on a $350K + rebuild of part of the facade of the building.

      So far so good – although the rebuild involves extensive demolish and rebuild resulting in considerable inconvenience to residents.

      My question though arises out of a decision to replace an existing door onto the balcony from one bedroom with a fixed pane of glass. Apparently this will improve the success rate of weather proofing this part of the balcony. We have never had an issue with weather proofing either from this door or from the windows that (apparently) are the root cause of the other apartments water proofing woes, and we do not want the door replaced with a fixed window.

      As we use this door regularly (for access to the balcony and also for sea breeze cooling) I wonder if we have the right to insist that the door is “replaced” with a door – otherwise we lose the amenity of balcony access and breeze.

      Do I have any such right under NSW law, or are the EC able to change existing structures without regard to owners?

      thanks for your advice

      Terry

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