Flat Chat Strata Forum Common Property Current Page

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  • #7136
    Anonymous

      Hi,

      We're looking to renovate our unit, and knock out a couple of walls… according to everyone else (Structural Engineer, Builder, Town Planner) EXCEPT the Executive Committee, it's a pretty simple straight forward procedure…

       

      HOWEVER… it's been dragged on for at least a month, just to reach the decision of considering getting a by law drawn up for the purpose of if any renovations are done (regardless of being common property or not) IF there is any damage done, the cost for repair is passed back to the owners who have completed the renovations.

      Amongst all the other pointless arguing going on, this cost looks like it will now be passed back to us to foot the bill for the consultation (of questions asked by the committee), and having the by law drawn up and submitted.

       

      Why should this cost be passed on to us, (regardless of if our renovations are approved) when the by law will then stand for all future owners/tenants ??

       

      Help…

       

      Thanks.

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    • #12234
      Jimmy-T
      Keymaster

        If the by-law – or more correctly special resolution – is just for your
        unit, then it's reasonable to ask you to pay the costs. If the by-law
        is a universal rule that will apply to all work done in the future by
        any owners – and you just happen to be the first beneficiary – then the
        Owners Coorp should pay for it.

        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.
        #12283
        Anonymous

          Renovations by-laws are generally made under section 47 and apply to all lot owners when commencing renovation works internally or externally, refurbishment works or removals.

          Where exclusive use and special privileges to common property are being granted as a result of the renovation works, an individual lot owner can take the benefit of a by-law under s52.

          However, generally having a s47 by-laws would be more appropriate so that an owners corporation would not have to have individual by-laws made every time a owner undertakes renovation works which only adjoins to common property.

          If your owners corporation does not have a general by-law covering renovation works, then perhaps you can suggest this so that a by-law does not need to be made every time an owner undertakes renovations to their lot. However. if you undertake works that result in you being granted exclusive use or special privileges to common property, then you will need an individual by-law for this purpose.

           

          Kind regards,

          Simone Balsara
          Lawyer


          TEYS Lawyers
          The Strata Law Experts
          02 9562 6500
          Suite 73, Lower Deck
          Jones Bay Wharf
          26-32 Pirrama Rd
          Pyrmont NSW 2009

          simone@teyslawyers.com.au
          https://www.teyslawyers.com.au

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        Flat Chat Strata Forum Common Property Current Page