Flat Chat Strata Forum Common Property Current Page

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  • #8928

    I recently renovated my bathroom and had all walls re-tiled including the boundary bathroom wall which is common property. The wall was only half tiled, however it is now fully tiled from floor to ceiling. I didn’t get permission to do so as I am new to strata living and didn’t realise i had done the wrong thing until after the renos were done. I am now trying to rectify the matter and the creation & registration of a by-law is a costly expense. To avoid having a lawyer draft a special by-law i was after some help with wording or alternatively if anyone had done this previously and could provide wording of their special by-law for tiling common property, that would help immensly!

    Thanks

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  • #18963
    Whale
    Flatchatter

      OK …. I know what’s required and why under Sect 65(A) and please regulars, don’t faint in shock, but….

      from a logical and common sense perspective, I can’t see the point in putting a Motion for a Special Resolution before the next General Meeting of tabs’ Plan, just so a Special By-Law can be drafted and registered to retrospectively consent to such a minor renovation (in the broader scheme of things) and thereby make all on-going maintenance and repairs of the renovated areas the responsibility of tabs and future Proprietors of that Lot, as opposed to the Owners Corporation (O/C).

      In tabs‘ example, there’s enough case law, precident, guidelines, and common practice to substantiate any future decision of the O/C not to maintain anything other than the original tiles in the Lot.

      So I’ll stick my neck out and advise that tabs does nothing.

      #18965
      kiwipaul
      Flatchatter

        Before you start spending hundreds or $ getting a bylaw professionally written get a copy of your current bylaws and see how many Special Bylaws are already registered, compared to how many alteration you can see or know about (I would guess their will be very few) within your complex.

        The bylaw for these sort of small renovations just need to specify that you accept responsibility for the repair and maintenance of the renovation, simple as that.

        In fact why not add a bylaw that states that you will accept responsibility for the repair and maintenance of all renovations and alterations you make to your lot. That way one bylaw covers you for future changes (subject to EC approval) as well.

        Also when you register bylaws the cost is the same for registering 1 bylaw as it is for 10, so wait until others have a bylaw to register and do them all in one go and only pay 1 fee.

         

        #18966

        Thanks Whale, I’d love to nothing however I was asked to submit a report by the Strata Manager listing all changes undertaken to the lot to where I documented that that walls were re-tiled to which they are pushing for a by-law to be passed. The Strata Manager has advised that a general meeting be called during office hours and that owners forward their proxy to avoid a general meeting. I doubt this is something he (and the exec committee) will allow me to do nothing on Cry

         

        #18964

        Thanks kiwipaul, i know there are a couple of others who want to register bylaws – didn’t realise we could bundle them

        #18969
        Whale
        Flatchatter

          tabs – as you’ve inadvertently backed yourself into a corner, all you can now do is minimise your costs by doing as KiwiPaul suggested, and ensure that the wording of the proposed Special By-Law (SBL) is kept simple (in plain english), straight forward, and to the point of what’s required at least for your Lot, and if you can include whatever’s appropriate for other Owners, all the better.

          Your Strata Manager and Executive Committee may wish to engage the services of a Strata Lawyer to prepare and register the SBL, but in my opinion that’s not necessary for such as straight-forward matter, particularly as the costs of the DIY approach that’s been suggested amount to $102 for lodgement and registration of the SBL on your Plan’s Strata Title by NSW Land & Property Information (incorporating the former Land Titles Office) using THIS form.

          #18974
          Austman
          Flatchatter

            In NSW, can’t owners choose the surface treatment of the lot interior side of common property walls?  If you can paint, wallpaper and attach fittings etc to the wall, why can’t you tile it?  If you can, then I suppose this issue is about the removal/replacement of the existing tiles, because they were an OC responsibility?

            Wouldn’t permission from the OC before doing the tiling generally be enough?  Where the OC could specify the quality of the work etc.  I.e getting permission from the OC to repair/replace some common property.  If the work was done to the standards specified by the OC, shouldn’t that be enough for the OC?

            Since the work was been done without OC permission, wouldn’t inspection of the work or some documentation of the work quality be enough for the OC?

            #18975
            Jimmy-T
            Keymaster

              @Austman said:
              Since the work was been done without OC permission, wouldn’t inspection of the work or some documentation of the work quality be enough for the OC?

              That would seem like common sense but the problem arises if … well … a problem arises.  Without a binding commitment to repairing the common property or any other part of the building that’s affected by this work (most likely water leaks or a failure of the tiles themselves) then the cost of repairs would ultimately fall back on the Owners Corp.

              This is clearly unfair since they haven’t requested, authorised or in any way benefitted from this.  Even so, if this owner sells the unit, the next owners can demand that the OC takes responsibility for the tiles.

              The only way to transfer responsibility for common property in perpetuity is through a by-law.  As others have suggested, it would be better to have a catch-all by-law in place so that this and any future unauthorised changes to common property become the responsibility of the the current and future owners of the lots concerned

               

              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.
              #18981

              The boundary wall was half tiled which leads me to believe that the previous owner did this without notifying Strata, otherwise a by-law would have already existed. I will do the right thing, just don’t want to pay for a lawyer to charge me $600 for a sentence.

              Thanks for the advice all.. I will draft my own SBL and hope that my Strata Manager and Executive Committee approve it.

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