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15/04/2012 at 4:58 pm #8074
Over the coming months I will be needing to re-do my bathroom and kitchen. 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 is contradicting fair trading regulations?
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15/04/2012 at 6:03 pm #15339
It would probably help a lot if you could stop thinking about “them and you” as if they were rivals or some unseen hand. The Executive Committee actually represent the combined wishes of every owner in the building including you. The by-laws are only there because owners have collectively agreed on them and the reason they have agreed on these fairly restrictive ones is so that the apartment block doesn’t turn into a 24/7 building site (because renovations spread like a virus).
Seriously, one of the most prestigious blocks in this city was turned into a virtual building site with not restrictions on noise, mess or disruprion for about two years because a greedy real estate agent got himself elected on to the committee, wiped out all restrictions on renovations and made a fortune encouraging owners to amalgamate. Without the by-laws in place, the other residents who had spent a fortune on the place could do nothing.
So take a step back and ask yourself how unreasonable is it for your neighbours to want some peace and quiet at weekends, early in the morning and later at night (as you will too when your renos are done).
As to what rights they have – they aren’t contradictory to Fair Trading rules (whatever they are)- they are on top of them. If you breach the by-laws, not only will you be subject to Notices to Comply, orders to stop work and possible fines, you will suddenly find that your builders’ access to parking and lifts has disappeared and your EC could also be raising objections at local council.
The by-laws may well be unreasonable but the time to challenge them isn’t a couple of weeks before you want to do work out of hours, it’s at an AGM. The rules are there for owners and agreed by owners. And if the majority of owners agree with you, then they’ll be changed. If they don’t that you have to livve with that.
Seriously, the best plan for all concerned – and for your future harmonious living in this community – is to find ways of getting this done with minimal disruption to your neighbours, rather than asking how someone can breach the by-laws and get away with it.
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.
16/04/2012 at 11:46 am #15341AnonymousWell said Jimmy, great advice for nsim1980.
Our own Lower North Shore local council is currently changing their astoundingly ludicrous rule of ‘building and power tool noise OK from 7am until 8pm every day’ in response to numerous complaints and suggestions from local residents, a fair proportion of which are flat dwellers.
In the strata where I live, we have the new by-law ‘no building or power tool noise before 8am or after 5pm weekdays, before 8am and after 1pm Saturdays and not at all on Sundays and Public Holidays’. Also we have a very tall, broad shouldered Secretary and highly athletic Chairman who turn up together on the doorstep of any miscreants, often in their sports gear and sweating from some workout or other.
18/04/2012 at 3:21 pm #15361@Urban Spaceman said:
Well said Jimmy, great advice for nsim1980.Our own Lower North Shore local council is currently changing their astoundingly ludicrous rule of ‘building and power tool noise OK from 7am until 8pm every day’ in response to numerous complaints and suggestions from local residents, a fair proportion of which are flat dwellers.
In the strata where I live, we have the new by-law ‘no building or power tool noise before 8am or after 5pm weekdays, before 8am and after 1pm Saturdays and not at all on Sundays and Public Holidays’. Also we have a very tall, broad shouldered Secretary and highly athletic Chairman who turn up together on the doorstep of any miscreants, often in their sports gear and sweating from some workout or other.
This is where the ludicrious rule comes from;
Protection of the Environment Operations (Noise Control) Regulation 2008
Current version for 6 January 2012 to date (accessed 1 March 2012 at 15:52)
Subdivision 1 Time limits on the use of certain articles
50 Power tools and equipment
(1) A person must not cause or permit a power tool or swimming pool pump to be used on residential premises in such a manner that it emits noise that can be heard within a habitable room in any other residential premises (regardless of whether any door or window to that room is open):
(a) before 8 am or after 8 pm on any Sunday or public holiday, or
(b) before 7 am or after 8 pm on any other day.
Maximum penalty: 100 penalty units in the case of a corporation, 50 penalty units in the case of an individual.
The above is a NSW Government State Regulation so it would be interesting to see how anyone went in Court if they said “but my Council says” or “my by-law says”.
My local Council has some rules that are contrary to State Laws/Regulations and they quickly shut up about them if someone starts pointing out the State laws/regs but most people live with the belief that if Council say so then that is the way it is. I think it is very poor that Councils sometimes play on the ignorance of their rate payers.
There are some people in my SP who would like to borrow your Secretary and Chair if they are “guns” for hire.
21/04/2012 at 8:13 pm #15387Thanks Jimmy,
Firstly I must clarify that it was never my intention ignore the by law, i merely wanted to clarify which one overrules which. I agree people are entitled to peaceful enjoyment of their property however people are also entitled the reonvate and recedorate their property as they see fit and as many people work during the week most work is going to take place on the weekend if it is being done by the owner themselves. It took me 6 weeks to paint my bedroom as there was extensive preparation to be be done including sanding and i was not allowed to use the sander for more than a few hours. As a resident i personally would prefer that the other owners just got the noise over and done with in one day rather than disturb me for weeks on end. And believe me I have better things to do on the weekend than to spend every weekend renovating. And it isn’t just on weekends that people are entitled to peaceful enjoyment of their lot. As a shift worker I lived and had to try and sleep through jack hammering mid week, mid day after I had been at work all night, not ideal but i dealt with it because people are entitled to renovate.
Secondly, my us and them attitude comes from the fact that my EC consists of 1 person, who controls it all, something that will be changing when the AGM comes around (i have only owned this apartment for 6 months).
23/04/2012 at 11:47 am #15394AnonymousRenoMan’s latest post says: “As a resident i personally would prefer that the other owners just got the noise over and done with in one day…”
That would be fine, RenoMan, so long as fellow residents are forewarned when the noise is going to start and finish and how bad it’s going to be so they can make arrangements to be elsewhere if they wish. In fact, in apartments or indeed any dwelling this would be thoughtful, considerate and polite, don’t you think?
Not like our immediate neighbours who think it’s OK to use a hammer drill on our one common wall without warning at 7pm on an otherwise quiet Sunday evening as my family sit down to our evening meal.
Billen Ben said some in his strata “would like to borrow” the Secretary and Chair ‘enforcers’ for my building mentioned in this thread. Another argument for ‘Strata Police’ perhaps?
25/04/2012 at 11:11 am #15411Renoman,
Like most that have responded on this thread I strongly suggest following the requirements of the OC’s by-laws to the t. Keep in mind that your neighbours are your neighbours and your better off keeping good relations as best you can.
Also, it is reasonable to provide good clear plans and information to the EC in relation to your proposed works. I have stopped counting the number of times I have seen an owner request permission to ‘just renovate their kitchen and bathroom’ and next thing you know, they are doing the work without any proper approvals or even exclusive use by-laws, let alone engineers advice on removing the wall between kitchen and lounge room, or even those owners who choose to create an extra bedroom from the study or an area of lounge room, without council approval. A lot of the time these requirements are there to actually protect your interests more so than to make it harder for you. What will you do when the OC is successful in obtaining stop work orders as you haven’t gone through the right process.
I recall when our neighbor decided to renovate their apartment, and they were not even living in it or leasing it for twelve months, they had removed the carpets first, so every pin drop was heard through the common wall, let alone the jack hammering and hammer drilling late at night. I’m sure they weren’t happy about me switching the power off in the main power box, and I don’t encourage this approach, but when neighbours won’t talk or listen about these matters there will be conflict, which is what everyone is trying to avoid in their own home.
Mr S
25/04/2012 at 9:03 pm #15417I just want to clarify again, it was never my intention to not adhere to the rules, I just wanted to clarify which ones was required to follow, which Jimmy has kindly cleared up for me.
14/11/2014 at 12:19 pm #22560Long live strata legislation I say! In my experience, those whom are happy to comply with them, have nothing to hide & are willing to consider the impact to ALL & are prepared to do the pre-planning/pre-work to ensure the rights & obligations of all are acknowledged, respected & observed. My opinion is that not everyone is suited to strata living & those whom want the freedom to do what they want, when they want, without regard to the impact to others, should wise up & buy a free-standing house.
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› Flat Chat Strata Forum › Talkin’ ’bout a renovation › Current Page