• Creator
    Topic
  • #8895

    Can obtain some guidance on when an owner has to notify the OC or EC regarding renovations and or alterations to their individual unit.

    I would expect that if their works involve any common property they would definitely need to notify, but what about installation of a new kitchen or bathroom?

    We have the standard By-laws of the SSM ACT which covers “Damage to common property”, nothing on gaining permission for or notifying of renovations and or alterations.

    I note that Sec. 116 (2) “The owner of a lot must not alter the structure of the lot without giving to the owners corporation, not later than 14 days before commencement of the alteration, a written notice describing the proposed alteration.” Does this refer only refer to common property or any alteration within the lot and if so how far does it go? For example I would not expect this would apply to some simple shelving but what about new built-in wardrobes or new bathrooms and kitchens?

    Are there any publications that provide assistance in this area?

Viewing 3 replies - 1 through 3 (of 3 total)
  • Author
    Replies
  • #18785
    kiwipaul
    Flatchatter

      Strictly speaking if you are removing wall tiles on a common wall, or moving the position of the the water pipes (or power points) entering the floor or common wall you are doing an improvement and you require a SR passed by GM and are required to add a bylaw stating that you will accept responsibility for the repair and ongoing maintenance of the said improvements. In fact just hammering a nail into common property requires permission of the Strata.

      In reality I would just tell (most people wouldn’t even do this) the EC that you are doing some minor (new kitchen bathroom) renovations within the lot which won’t affect others.

      A lot depends on whether it’s a free standing villa or a huge tower block. I think trying to apply the same rules to both is ridiculous and creates a bureaucratic nightmare.

      Also it depends on how strict your EC is regarding enforcing the bylaws (check how many Special Resolution bylaws have been added and what they were for).

      The EC have to apply the rules fairly to everyone they cannot apply them selectively, so if other have been allowed to you have the same rights.

      #18787
      Whale
      Flatchatter

        Willie – there’s been a lot of discussion lately about the consequences of owners not seeking the Owners Corporation’s consent prior to renovating their Lots; see HEREHERE and HERE [hint: read the original (bottom) post first].

        In answer to your question, both types of works that you mention in your post almost always involve something that’s classified as a change or addition to Common Property, and even if your proposed works do not, your Owners Corporation (O/C) still needs to know who will be working at the Plan and what if any impacts that may have – of which parking, loading / unloading, and noise are but a few.

        The applicable reference is Cl 65A of the NSW Strata Schemes Management Act (1996) and for more general information you could peruse THIS publication of the NSW Office of Fair Trading.

        My advice is to err on the side of caution; advise your Owners Corporation of precisely what renovations you propose, and let it decide what it needs to consent, and what comprises works for which you’re entirely responsible – albeit with some reasonable requirements to address any consequent impacts  such as those shown (above).

        #18790
        Jimmy-T
        Keymaster

          I agree with pretty much everything Whale and KP wrote except for this:

          The EC have to apply the rules fairly to everyone they cannot apply them selectively, so if other have been allowed to you have the same rights. 

          ECs change and they often get turfed out because they have made bad decisions and allowed things that shouldn’t have been permitted. You can’t use previous bad decisions to apply to your case just becasue it’s not fair.

          I would say precedent might apply if you felt you had been the victim of a bad decision and the EC had interpreted its by-laws and strata laws properly on a previous occasion.

          But you can’t use a precedent of a previous wrong decision to allow you to make the same mistake. That won’t fly at the CTTT. There are no “rights” conveyed by precedent in strata.

          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.
        Viewing 3 replies - 1 through 3 (of 3 total)
        • You must be logged in to reply to this topic.