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  • #7223
    Anonymous
      Hello Jimmy

      I rent an apartment within a strata block.. a 1970's block and as would be new owners are renovating.

      My situation is that our neighbour is about to extensively renovate his apartment .. which he is entitled to and I do not have a problem with… My problem or question…Is that on Friday afternoon there  a notice is put up in the elevator and in the letterbox to inform us ( and other tenants and owners..outside of the executive committee I imagine!) that this major work will begin 7.00 the following Monday morning ( 2 days notice!). This is the first we as neighbours have heard of the impending renovations.. Is this reasonable notice?

      My feeling is that it is NOT and NOT a good example neighbourly relations.

      I would appreciate your opinion and comment.

      Regards

      Kerrie 

       
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    • #12425
      Jimmy-T
      Keymaster

        Kerrie

        This is what happens when an Executive Committee doesn't enforce its own rules and/or treats tenants like second-class citizens. Contact your landlord or estate immediately and demand that they either do something about this or give you a rent reduction for the duration of the work. 7 am may be a reasonable time to start on a building site or a free-standing home but it is definitely not OK in an apartment block. Any EC that's on-the ball would have made a more civilised starting time a condition of their approval of the work and access to common property for builders etc. You might also check the building's by-laws to see if they are being breached by this – again, take it to the landlord/agent. It's their responsibility to make sure you get what you've paid for.

        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.
        #12431
        Anonymous

          JimmyT said:

          Kerrie

          This is what happens when an Executive Committee doesn't enforce its own rules and/or treats tenants like second-class citizens. Contact your landlord or estate immediately and demand that they either do something about this or give you a rent reduction for the duration of the work. 7 am may be a reasonable time to start on a building site or a free-standing home but it is definitely not OK in an apartment block. Any EC that's on-the ball would have made a more civilised starting time a condition of their approval of the work and access to common property for builders etc. You might also check the building's by-laws to see if they are being breached by this – again, take it to the landlord/agent. It's their responsibility to make sure you get what you've paid for.


          Jimmy – If this is minor works carried out under a new NSW policy then legally they did not have to notify anyone. I’ve used it, it’s called exempt development. You just need the approval of the body corporate. The 7am start time on a weekday is standard industry practice, and is included as the standard condition of consent from a variety of councils. If it was a DA then they would have been required to give more notice to the body corporate and post up the notice during the advertising period. If it’s just internal works then legally they are only required to get the approval of the body corporate and not notify anyone prior to works commencing. So, it is actually legal to do so. Good neighbour actions? Nope.

          #12433
          Jimmy-T
          Keymaster

            We seem to be talking slightly at cross-purposes here. There is a requirement to notify the Owners Corporation (or Executive Committee, more likely) 14 days before any work that affects common property (which would be likely to be just about anything that was going to make noise). The EC has a window of opportunity then to ask questions like, what’s happening with the rubble, are you planning to use the lifts etc etc and, in so doing, ask the renovator to limit the hours of work in exchange (for instance) for allowing them to use the lifts to move materials in and out.

            Ironically, I got a note yesterday saying there would be work starting in two days on one of our top-floor apartments. That said, we have by-lawed restrictions on when drilling and power-hammering can happen and that has to be done in one four-hour block per week. It’s up to the renovators then to organise their work schedule so that the noise, though unavoidable, doesn’t end up starting and stopping for days and people like me can escape to local cafes.

            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.
            #12434
            Anonymous

              Sorry – gotcha now. Too many bits of legislation covering things…

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