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  • #44250
    AvatarWill-NSW
    Flatchatter

    I also refer to the recent post “Conflicting Advice About NSW Minor/Major Renovation By-Laws”

    I am perplexed with one of our bylaws. The by-law’s purpose is “to govern the process for the seeking of approval from the Owners Corporation for carrying out Lot Owner Works”. The by-law defines Lot Owner works as:

    (i)  Changes to Window and External Door configurations;

    (ii)  Bathroom renovations;

    (iii)  Internal Wall changes; and

    (iv)  Work that is not Cosmetic Works or Minor Works.

    It then states the Strata Committee shall determine, at its absolute discretion, whether or not the Works proposed to be carried can be approved under the provisions of the by-law (or will require a new by-law under the Act to be approved by special resolution of the Owners Corporation in general meeting)

    It also states any expression used in this by-law has the same meaning as that expression has in that legislation unless a contrary intention is expressed in this by-law

    Then follows the usual provisions for carrying out the approved Lot Owner Works like insurance/plans/contractor name/if the works affect common property and … “evidence of a concrete x-ray scan of the post and pre-tension cables and ducts within the floor and details of the contractor who will carry out the core hole drilling.”

    Is this wise? The by-law appears to give “absolute discretion” to the strata committee to decide to allow an individual lot owner to carry out work that is neither cosmetic per s109 nor minor per s110. It appears to attempt to provide a mechanism to avoid the Act and regulations, including any need for special resolutions and by-laws for structural and waterproofing, indeed any, works.

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