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Is it compulsory for old Strata plan to adopt new model By-law?
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rhea
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30/11/2017 - 9:57 pm
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Hi, Flat chatters,

1- Our Strata plan was registered in 1969 therefore, we are following the standard schedule 2 by-laws. There is a motion by Strata Manager in AGM agenda to consider the special by-law for minor and major renovation works. Is it mandatory to adopt any part of the new model by-law?

2- I am considering renovating my bathroom by replacing the floor tiles, wall tiles, removing the bathtub, replacing taps, shower head, vanity, shower screen and toilet with new fixtures, I believe such works would come under Minor renovation in the new model by-law.

One of the bathroom walls that has shower and taps also is a common wall and has the stairwell on the other side. Would the inside wall of bathroom be OC or Lot owners responsibility in a strata plan that was registered before 1 July 1974? 

Your input is greatly appreciated.

Thank you

Rhea

 
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david2708
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01/12/2017 - 12:21 am
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It comes under major renovation as it requires waterproofing.

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JimmyT
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01/12/2017 - 9:44 am
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Now, I may be off the mark here - and I'm hoping one of our better qualified readers will put me right if I am - but Schedule 2 of the strata regulations is automatically in place, with new by-laws replacing the old bylaws for pre-1996 buildings.

However, additional by-laws that were in place previously, or amendments to previous by-laws, carry over and are incorporated into the new by-laws (it may require a procedural vote at your next AGM, but it's all failry straight-forward).

That said, there is always the opportunity for your scheme to adopt and mend its by-laws, especially if you want to incorporate any of the model by-laws in Schedule 3 (for post-1996 schemes).

The new model by-laws are intended to reflect the way we all live now, rather than rules for last century, so I would look at the proposed by-law changes on their merits.

However, to answer you original question, no, you don't have to adopt any schedule 3 by-laws but you do have to accept schedule 2 by-laws, except where you have by-law in place that differs, or you wish to change.

Hope that makes sense 

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rhea
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01/12/2017 - 10:27 pm
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Thanks, Jimmy T you have answered my question.

Thanks, David. 

 
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Ziggy
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05/12/2017 - 8:32 pm
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I thought the Minor Renovations new Bylaw was about doing minor works on common property eg putting in a reverse cycle aircon.

I presume the bathroom is not common property. The weatherproofing may well be common property but not the works unless you are affecting a load bearing wall.

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JimmyT
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Ziggy said
I thought the Minor Renovations new Bylaw was about doing minor works on common property eg putting in a reverse cycle aircon.

I presume the bathroom is not common property. The weatherproofing may well be common property but not the works unless you are affecting a load bearing wall.  

I'm afraid you are off the mark on a number of issues.

First of all, I was responding to the description of works in the initial post.

Secondly, it doesn't have to be a load-bearing wall (there are actually very few of those in modern buildings constructed with concrete slabs).

External and walls adjoining other properties are common property.  Floors, ceiling, external doors and balconies are common property too.

Getting back to bathrooms, tiles on an external wall (a wall that is common property) are also common property. Tiles on internal wall aren't.

The compexity  and potential dangers in a bathroom reno is one of the reasons why a kitchen renovation is specified in section 110 of the Act as a minor renovation but a bathroom reno isn't (see below, specifically at section 7[d]).

 

110   Minor renovations by owners

(1)  The owner of a lot in a strata scheme may carry out work for the purposes of minor renovations to common property in connection with the owner’s lot with the approval of the owners corporation given by resolution at a general meeting. A special resolution authorising the work is not required.

(2)  The approval may be subject to reasonable conditions imposed by the owners corporation and cannot be unreasonably withheld by the owners corporation.

(3)  Minor renovations include but are not limited to work for the purposes of the following:

(a)  renovating a kitchen,

(b)  changing recessed light fittings,

(c)  installing or replacing wood or other hard floors,

(d)  installing or replacing wiring or cabling or power or access points,

(e)  work involving reconfiguring walls,

(f)  any other work prescribed by the regulations for the purposes of this subsection.

(4)  Before obtaining the approval of the owners corporation, an owner of a lot must give written notice of proposed minor renovations to the owners corporation, including the following:

(a)  details of the work, including copies of any plans,

(b)  duration and times of the work,

(c)  details of the persons carrying out the work, including qualifications to carry out the work,

(d)  arrangements to manage any resulting rubbish or debris.

(5)  An owner of a lot must ensure that:

(a)  any damage caused to any part of the common property by the carrying out of minor renovations by or on behalf of the owner is repaired, and

(b)  the minor renovations and any repairs are carried out in a competent and proper manner.

(6)  The by-laws of a strata scheme may provide for the following:

(a)  additional work that is to be a minor renovation for the purposes of this section,

(b)  permitting the owners corporation to delegate its functions under this section to the strata committee.

(7)  This section does not apply to the following work:

(a)  work that consists of cosmetic work for the purposes of section 109,

(b)  work involving structural changes,

(c)  work that changes the external appearance of a lot, including the installation of an external access ramp,

(d)  work involving waterproofing,

(e)  work for which consent or another approval is required under any other Act,

(f)  work that is authorised by a by-law made under this Part or a common property rights by-law,

(g)  any other work prescribed by the regulations for the purposes of this subsection.

(8)  Section 108 does not apply to minor renovations carried out in accordance with this section.

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