Flat Chat Strata Forum Common Property Current Page

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  • #8884
    Whale
    Flatchatter

      There have been too many posts to FlatChat describing situations where Lot Owners have renovated and otherwise “changed” their Lots without first seeking the written consent of the Owners Corporation, and a few where Owners have sought consent and that’s been improperly granted (e.g. by the Executive Committee).

      I’m unconvinced that with the numbers of strata developments in NSW, that contractors are oblivious to the requirements of the Strata Schemes Management Act (1996) with regard to Owners, as their potential customers, needing to seek and obtain the O/C’s consent prior to undertaking certain works.

      Does the desire for that work override contractors’ inclination to request to see the O/C’s consent to those works, or is it that a proper consent by the O/C may require the presentation of an appropriate license, insurance, and possibly impose conditions on their work times and their use of Common Property?

      I don’t know the answers to the above, and whilst I’m not a advocate for the “nanny state”, I think it’s time for the Office of Fair Trading (OFT), as the NSW trades licensing authority, to become more involved.

      That might be by way of targeted education / awareness strategies for trades such as refrigeration mechanics, tilers, carpenters, electricians, and plumbers and for the suppliers of the products used by the above.

      The OFT’s various “Fact Sheets” are very good, methinks it’s time for another one targeting contractors of the types that typically work on strata properties; perhaps under the existing “Tradespeople” link on the OFT’s website.  

      Comments?

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    • #18758
      kiwipaul
      Flatchatter

        I’m no advocate of the “nanny state” either but as far as I can see a simpler solution is to pass the responsibility to the lot owners as the default situation rather than the strata.

        Let the onus be on the lot owners (current or future) to prove that the Strata carried out the improvements to the common property in the lot and accepted responsibility for it’s ongoing maintenance (as in QLD).

        The Strata should have access to the original drawings and plans and anything not on the plans that attach to a lot are the lot owners problem.

         

        #18763
        Whale
        Flatchatter
        Chat-starter

          KP – the problem with making Owners responsible by default for any changes or additions that they may make to common areas within (or  on the outside of) their respective Lots is that some (not all) use un-licensed, un-qualified, and un-insured persons to do half-baked jobs, or worse still do those works themselves.

          Some may say “that’s OK, it’s their property”; but it’s not, it’s common property where shoddy work impacts on the Owners Corporation (O/C) as a whole (i.e. all owners).

          I can give you one example that occurred in our Plan, where an Owner replaced a 300mm dia. bathroom exhaust fan by fitting a 200mm dia. unit to the grille of the original, and omitted to purchase the ducting to take the moisture-laden air outside through the existing fitting in the (cavity brick) wall.

          Result?

          Apart from the aesthetics of what could only been seen from inside the bathroom, most of the steam and moisture-laden air emerged in the bathroom of the Lot directly above, and the remainder finished up in the roof void!

          Whilst our O/C leaves the maintenance and repair of “fixtures and fittings” within Lots to the respective Owners, it’s “nanny” enough to require them to advise (but not seek consent for) what’s proposed where any impact is likely to affect common property (consequently). The O/C then reserves the right to arrange the works itself based upon whichever complying quotation the Owner chooses to accept (and pay for).

          Again, extra work for the hard-working Secretary, but believe me, very much worth it when the prospect of retrospective fixes and mediating disputes between affected Owners is taken into consideration.

          #18766
          Jimmy-T
          Keymaster

            One of the very good reasons for insisting on special resolution approval for changes to common property is that the law demands that the Owners Corp addresses the question of who is responsible for the Common Proprty thereafter.

            The default position is that the Owners Corp is responsible but it clearly allows, if not encourages, the General Meeting to make the person benefitting from the changes responsible for ongoing repairs and maintenance. 

            This is what the Act says:

            Division 4 Special provisions for by-laws conferring certain rights or privileges

            54   By-law must provide for maintenance of property

            (1)  A by-law to which this Division applies must:

            (a)  provide that the owners corporation is to continue to be responsible for the proper maintenance of, and keeping in a state of good and serviceable repair, the common property or the relevant part of it, or

            (b)  impose on the owner or owners concerned the responsibility for that maintenance and upkeep.

            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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