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Hi… I’m having a really horrible time with my strata since I began my renovations. There are 49 apartments, and there was no by-law until it was ratified in March to “
Where a Lot owner arranges the renovation of a Lot’s interior, the following will apply:-
- a) Written advice detailing the proposed works must be given to the Owners Corporation not less than 14 days before the commencement date of the renovation
- b) The written notice is also to include arrangements for access by contractors, measures of protection for the common property, waste disposal and noise containment.
- c) The renovation work must not commence until the Owners Corporation has agreed in writing to the detail provided under sections ‘a’ (where applicable) and ‘b’ of this By-Law
“
Except I didn’t know about it (not that that’s any excuse, except it does explain) and had started without informing strata as everyone else has done. Now I’m on the sub committee. So I should see anything sent to strata and I know that at least 1 renovation has happened since we voted on (Jan ’14) the bylaw and it being ratified and many since I’ve been there (7 years).
So another member said something and I emailed in a chatty way talking about the Australian and NSW standards I would have to follow for waterproofing etc demonstrating I thought that I would be following all legal precepts for building,etc.
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Ok… so it ended up in mediation… and *despite* a solicitor being contacted during mediation I ended up with this:
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xxx plans on a staged renovation to her unit.
a. Prior to the commencement of each stage any alterations, changes, renovations taking place in Lot xx, xxx will provide a plan/scope of works with the licences and insurances of the contractors who are undertaking the works.
i. This is to apply to all works being undertaken that affect common property and structural integrity of the lot.
2. All certification to be provided to the Owners Corporation through the managing agent, ensuring all works at least meet Australian Standards at the date of installation
a. This is to be provided with in two weeks of completion
3. xxx signed an undertaking/consent that she will make good of any damage to common property (affecting common property to the external lot space) caused by her renovations. Failure to make good of any damage within six weeks from date of damage occurring will result in the owners corporation repairing all damage and the cost of the repair will be added to the levies of Lot xx.
4. That insurances to cover any future defects to workmanship or fixtures in relation works that affect common property be provided.
but when I went to comply with this I have had a confusing time. I eventually worked out that insurances of works is covered by the license warranty (6 years major, 2 years everything) and that typically “Insurance” in these cases refers to only public liability insurance referred to as “Certificate of Compliance”. Also that the public liabilty insurance is not required on building jobs of < $20K. And my bathroom is definitely less than that both contractors and materials. Is there some other type of insurance that strata typically wants that I don’t know about? So I’ve given to strata for my first stage the renderers, the license number and proof of insurance for public liability and also pointed out my . And strata is not happy. I should add that I had to tell them how to look up the license number on the NSW Fair Trading site when they complained that the attached .zip file they couldn’t open (I had included the license number in the email). Yes I acknowledge I shouldn’t have started my renovation without strata approval. I get that. I will take that on the chin. But at this point my strata it appears that strata don’t actually understand much about this topic and I am getting slightly desperate (no bathroom in one bedroom flat – toilet flushed by bucket from laundry sink) over the delay (greater than 2 months). As long as I make sure I comply with all legal requirements, should I just keep going and just take any fines that come my way? What is the worst possible scenario I could end up with? They are thinking about re-writing the bylaw (um, yeah, good idea). So that some other poor sucker doesn’t end up in the same hell I’ve ended up in, are there examples of best practice for strata anywhere? Does anyone have suggestions?
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