Flat Chat Strata Forum Living in strata Current Page

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  • #53489
    downsizing
    Flatchatter

      We are considering purchasing an apartment in NSW that has a generous amount of balconies, but unfortunately they are all uncovered. In terms of providing shade, I realise that it will depend on what is allowed under the By Laws but was wondering, in general, whether applications for shade sails, gazebos, extending awnings etc  all tend to be rejected?

      We do not wish to purchase an apartment, apply to erect shading, only to find it is in most cases not allowed.

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    • #53498
      Jimmy-T
      Keymaster

        It’s not a case of “most cases” – it depends very much on the individual apartments and how strictly they enforsce their by-laws (if they even have any related to shades).  Older apartments that have over-exposure to sunlight may well have shades already.   Newer apartment block may well have more shade built in.

        You won’t be able to get prmission in advance, but you could get a good idea of your likelihood of success by contacting the building’s strata committee or strata manager.

        As you will be attaching the shade to common property and it will affect the outward appearance of the block  even if it is allowed there may be a restriction on the style and colour of the shade.  All you can do is ask.

        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.
        #53512
        downsizing
        Flatchatter
        Chat-starter

          Many thanks Jimmy. The apartment we are considering is about 12 years old and on the top level of the block. We had thought of approaching the Owners Corporation, but was doubtful they would commit to someone who was not even an owner. Further, I assume they would want details of size, anchor points, assurances not to interfere with water proofing etc, etc.

          As an alternative to a sail, we think we would prefer something like https://www.bunnings.com.au/mimosa-3-x-4m-lava-portsea-louvre-semi-permanent-gazebo_p0136179 , which they label as ‘semi permanent’. We noticed a more permanent version of this had been erected in another apartment block we visited.

          I am not sure what weight precedent carries in these things, but there are two other apartments in the same complex we are considering, one with a fixed canvas awning and the other with a retractable awning. I assume(?) this may increase the likelihood of something similar being approved?

          Similarly, the apartment we are considering can hardly be seen from the street, unlike the ones already with canvas awnings. Not sure if that makes much difference?

          #53517
          Jimmy-T
          Keymaster

            I am not sure what weight precedent carries in these things, but there are two other apartments in the same complex we are considering, one with a fixed canvas awning and the other with a retractable awning. I assume(?) this may increase the likelihood of something similar being approved?

            It’s not so much precedent as previous practice. It’s hard for them to “reasonably” refuse permission if they’ve given it in the past, provided you give the usual guarantees about repairing any damage to common property caused via the installation and subsequently through wear and tear.

            The only potential pitfall would be if the other awnings were installed without permission and the committee was in dispute with the lot owners – not likely but not impossible either.

            I would not be seeking permission from the committee, per se, just an indication of whether or not they were dead set against awnings, with no guarantees sought.

            But it sounds like you are on pretty safe ground, as it is.

            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.
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