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Topic
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We made have a potential issue that may come up down the track and I don’t know if this is a body corporate issue or something the two owners will have to sort out between themselves.
The two lots concerned share a roof (like in a duplex situation). The owner of Lot 8 wants her side of her side of the roof replaced by a colourbond roof and have the new section sealed up in the middle with the old and corroding tiled and tin roof as the owner of Lot 7 doesn’t want his side of the roof replaced; both are investors and live in Sydney.
The other issue the owners haven’t considered is that the old roof is layered vertically and the new one is layered horizontally, thus parts of the old roof will need to be somehow cut in half as the old roofing materials overlap the two lots. The existing roof is very fragile.
I’m aware that the done thing in this situation with standard format plans, is that the two owners get together and share the costs of replacing the roof, like replacing a dividing fence.
What also needs to be taken into consideration is the concerns of the owners (particularly the owner occupiers like myself) concerning the appearance of the whole complex by having one of the roofs here ½ replaced as this will create an eyesore and has the potential to reduce the saleable value of the remaining lots within the small complex.
• Would anyone know that the replacement of ½ roof like this still be ok with building code/standards in Queensland?
• Can the body corporate do anything or can you provide any assistance to prevent this situation from occurring?
Our current By Laws were passed in 1988, what is the situation then with Schedule 4 of the “Body Corporate and Community Management Act 1997 (QLD)”; do these model By-Laws apply that are in them now or are our existing one’s still applicable?
This is the relevant section of our By-Laws at the moment as they written at the moment …
11. No proprietor occupier or lessee of a lot nor his/her agent or invitee shall without the written consent of the Committee:
Alter the external appearance of any lot or erect any external blind, awning, louvers, skylight, air conditioner, clothes line or antennae.At this stage the body corporate committee have unanimously decided “That in the case of duplex units, one side of the roof CANNOT be replaced unless the other is with a Colorbond Cottage Green roof. We don’t approve that ½ a roof is to be replaced.”
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Each owner of the duplex is responsible for the cost of replacing their roof up to the mid point of the dividing wall.
BUT the OC can refuse permission to change the style of roof because a change requires 66% in favor of said change. If the owner just replaces the roof with like I don’t consider that requires any vote as it’s just maintaining the property.
The OC can control the look of the property and veto any attempt to change the appearance without 66% voting in favor of the change using bylaw 11.
The relevant bylaws are those that were registered in 1988 not the new ones.
If both owners wanted to replace the roof with colorbond they would still require a vote of 66% in favor of the change because like you said they are changing the appearance of the complex.
If this was in NSW, and the roof was genuinely fragile, the OC could order its repair or replacement within the restrictions of its by-laws in relation to its appearance.
However, Queensland has this two-tier strata system relating to townhouses, duplexes and the like so I’m afraid I don’t have a clue what the overall Body Corporate’s rights or responsibilities are. All our state strata laws differ but Queensland is another planet.
For some reason this problem reminds me of the Bonzos’ My Pink Half of the Drainpipe. Listen and smile.
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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