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The owner is paying all the costs involved.
Could you advise why the need for a by law? As it is the OC is liable for the windows. How would changing the glass change their responsibility?
Appreciate that. Thank you Whale!
Posters,
A quick update and opinion request.
The EC has palmed the issue off to the strata management. Strata management see this (as suggested) as an opportunity to tie up the loose ends and possibly have a by-law created that would cove all (future and past) enclosures.
I have recently had a look at our by-laws, and, other than one for pets and aircon, there are no others but the standard 1996 Shedule 1 By Laws. That said…after recently chatting to the Chairman to inquire on our application, he made mention that the windows we proposed where not in matching with the rest of the building. We are after vertical bifolds, most other windows are horizontal sliders.
- This is not correct as there are multiple types of windows in our building (although sliders are the majority)
- The balcony is not visible to other lots and only marginally visible to an adjacent building
Are the EC in this case entitled to personal opinion into how they want these windows to look taking the above into account? If not, is there anything other than the above i can use to create a defence?
Your responses have all been fantastic!
I guess it’s really about leaving the emotion out of it. In many regards i agree with the more aggressive approach as it seems a little contradicting that one EC has made decisions that required very little from the owners while the current EC (correctly) have applied a more regulated stance. From what you have explained though, precident counts for little. And that’s the irk – what’s good for the goose isn’t good for the gander. But that’s life.
The irony is that if i do go to the expense of a by-law (which seems inevitable) that is specific to my enclosure, the remaining two that had enclosures without a by-law remain as is – under building liability and little changes! Proposing a joint by-law is great but i’ll be damned if i’m covering the cost of it fully in that regard.
The more rational approach of sitting it out with the EC and reaching a compromise is more likely. That said, i get the feeling i’m going to be 8 balled on most of what i ask as there seems to be a personal aspect to it. That’s frustrating as the EC to have the final say and i need to comply to their egos.
Could anyone shed light – assuming there are no unique building by-laws that cover this – can we be told what type of windows we are or are not entitled to install? I’m already hearing that bifolds may be out. Bearing in mind there is no visibility into our unit in our location.
Thank you scotlandx, struggler, kiwipaul for taking the time to address.
It seems this current EC is taking a far more dramatic approach to the EC that approved the previous enclosures.
To an extent that there are requests for ‘architectural drawings’ submitted with the application as well as a limit to the type of window we were requesting.
Bi folds have been rejected for horizontal sliders.
Are these restrictions and requests permissable. Especially (regarding the windows) that we have no visual exposure into our balcony?
Lastly, their requirement of obtaining a by-law by us was linked to it being through a solicitor of their choosing.
Surely not?!?! Do i have the EC from hell?!
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