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Hello all!
I am currently on our EC. We have been approached by a tenant looking to have the exterior windows + door in their unit sound proofed due to a high level of outside traffic noise.
In most instances the glass of their exterior windows are being removed and replaced. In some instances, the frames are being removed as well and replaced with those that can accommodate the thicker glazing.
Their application is solid. The contractor has all the relevant licenses and insurances and has been in the industry, doing work for large and small businesses for over 30 years. All new framework will match in colour and type and there will be no structural adjustment to the building.
My question is…will EC approval by a majority be sufficient for them to proceed on their application?
Or does this require a by-law?
With thanks
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Who’s paying the bill???
If EC then it’s an improvement and it would require a Special Resolution (75% in favour).
If owner it would require a simple majority to approve the work AND a bylaw (75% in favor) stating the lot owner will accept responsibility for the ongoing maintenance of the improvement.
If no bylaw is passed but owner is given permission for the work the OC becomes liable for the the ongoing maintenance.
It may not make much difference or it could be considerable but thicker or double glass in a bigger frame would be more expensive to maintain and repair. At the very least, without a by-law, the Owners Corps should have a say in the who is doing the installation and the materials they are using. It doesn’t sound like this owner is going to be a problem – but when the person he sells to, or the one after that demands expensive repairs or maintenance, whoever is running the EC then will wish there had been a bit more care taken with this agreement now. This about a letter of a greement and then a by-law for the future m(your next AGM, for instance) that says anyone who alters common property with or without Owners Corp permission will be liable for its repair and maintenance, as will any subsequent owners of the lot..
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.
I consider it should be mandatory for EVERY Strata in NSW should have a bylaw similar to what Jimmy suggest.
Anyone who alters common property with or without Owners Corp permission will be liable for its repair and maintenance, as will any subsequent owners of the lot.
Bear in mind the EC can authorize alterations by the owner with a simple majority and if they don’t make it conditional on a subsequent bylaw that change becomes the responsibility of the OC to maintain.
Maybe it’s in the Strata interest to cover the cost of this general bylaw (approx $150) to avoid any future liability for any changes that get approved.
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