Flat Chat Forum By-laws and outlaws Current Page

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  • #51278
    AvatarPaul
    Flatchatter

    we have a small side entry gate , wooden slates on a metal frame, measuring 117cm high & 75 cm wide. currently attached to a common property wall on one side & the other upright concreated in beside a common fence. the gate is out of sight of of owners.

    I want to replace the wood with a lighter metal fence. I understand I would have to get a by law drawn up & approved by the OC. The cost of the by law from start to finish is well in excess of the replacement gate & makes it cost prohibitive.

    I accept ongoing responsibility for the gates maintenance etc.

    Question is, do I need a by-law or is there another option where by I would be held legal bound for its ongoing up keep?

    mfppp

    • This topic was modified 1 month, 2 weeks ago by .
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  • #51388
    Jimmy-TJimmy-T
    Keymaster

    Hi Jimmy, im in Qld so things are obviously different in NSW.

    Which is why you might have prefaced your definitive statement about a by-law not being required with the words “in Queensland …”

    Some strata laws are similar in many states, some are very different in every state.  The majority of our readers are in NSW (which is where the majority of strata units are). We try to point up the differences when we find them, and we try to avoid assuming that everyone’s by-laws are the same.

    #51383
    AvatarFlame Tree
    Flatchatter

    Hi Jimmy, im in Qld so things are obviously different in NSW. Im obviously not a professional in the area but assume im not too far wrong for Qld law. The live bylaws are how we relate to one another and the Act related stuff for the bigger stuff beyond that which is often handled by managers and committee folk. Relating to something small like a out of the way gate it would seem to be making a mountain out of a mole hill to spend too much time and money on whats in all instances seems a minor project.

    • This reply was modified 1 month, 1 week ago by .
    #51376
    Jimmy-TJimmy-T
    Keymaster

    Regarding your gate: it doesnt require a bylaw at all and to get it changed it should be prese(n)ted to your committee for their approval and record of the decision to help the integrity of the building and help stop a bunch of individual owners all negatively and piecemeal fashion devaluing your building.

    Section 108 of the strata Act, plus sections 142, 143, 144 and 145 clearly state that changes to common property to benefit a lot owner can only be made following a special resolution and the creation of a by-law that may transfer responsibility for the upkeep of the common property affected to the lot owner.

    Since it appears that the gate is at least partly owned by the OC, legally, it’s probable that a by-law is needed but practically, there may be a way of either working around that or, at least, getting a common property by-law that doesn’t require the expense of two lawyers and a special meeting.

    #51371
    AvatarFlame Tree
    Flatchatter

    Bylaws are live by laws. They relate to occupiers living together and get referred to when someone does something offenses or disruptive. Your state’s Act outlines things relative to who can do what to your sites shared owned asset. Your committee is formed to administer the upkeep of the buildings and its global issues. Regarding your gate: it doesnt require a bylaw at all and to get it changed it should be preseyted to your committee for their approval and record of the decision to help the integrity of the building and help stop a bunch of individual owners all negatively and piecemeal fashion devaluing your building. But that said if they are nuts and no one sees it anyways, if you just swap it over they may not even notice its done. But if you do that help your own cause by choosing only something that complements the building and keep the old gate incase they discover it was you and demdnd the original be reinstalled.

    #51359
    Jimmy-TJimmy-T
    Keymaster

    Thanks for your replies. thought that might be the case.

    What do you think is the case? Is it common property on the other side of the fence or public land?  Is the fence marked as a common property boundary or not (as per Kaindub’s post)?

    Personally, I don’t think you need a by-law but, as I have already explained, if you did need one, it doesn’t need to be so expensive.

     

    #51353
    AvatarPaul
    Flatchatter
    Chat-starter

    Thanks for your replies. thought that might be the case.

    my issue is that to replace the gate could cost say $300-$400 then you add the legal costs of getting a by law drawn up & approved , then registered & consolidated , all up around say $1400. so final cost $1800 (abt) ,it makes it prohibitive to want to make these small changes, but thats the law .

    Perhaps some time in the future the law makers will see the practicality of the outcome of these laws & rewrite them to reduce the barriers to lot improvement .

    we live in hope

     

    #51315
    Jimmy-TJimmy-T
    Keymaster

    If this is a dividing fence and not common property, what’s on the either side of the gate?

    If it’s common property on one side, and your lot on the other you probably just need the okay from the committee with a written agreement that you will maintain and repair the gate.

    It it’s another lot, you need the other owner’s permission.

    If it’s common property on both sides, or public land on the other side, then it’s probably a common property gate and you might need a by-law.

    If you do need a by-law, Amanda Farmer does off-the-peg by-laws, or you could join the OCN ($55) and maybe copy one from another member.

    • This reply was modified 1 month, 2 weeks ago by .
    #51285
    Avatarkaindub
    Flatchatter

    I assume that the side entry gate is between common property and your lot.

    If the line in the strata plan is a thick line, then the gate is common property. So a by law would be required.

    If the line is thin, then the gate would be considered a fence and comes under the Dividing Fences Act. Then the OC and the lot owner are jointly responsible for the gate. If the gate is in disrepair, you can ask for a re-fence (a new gate) and the OC and you pay half.

    You can also just take it on yourself to re-fence. Install the gate you want and pay for it yourself.

    You can’t be penalised as it is a dividing fence and the act allows you to replace the fence at your cost with what you like.

     

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Flat Chat Forum By-laws and outlaws Current Page