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Topic
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A few weeks ago I wrote in asking advise about an owner that was doing unauthorised renovating – adding 2nd bathroom to unit (15/09/15). We got the council to inspect the work and the owner has been fined for unauthorised works and has 28 days to comply to the councils notice.
During the inspection the Compliance officer from the council noticed a 4cm hole going from his unit into the lift shaft. This is now a fire violation. The owner said it was there when he removed the bedroom cupboard – we have no problem with that as the unit has had the cupboard replaced before by different owners and could have happened before, and the hole does not look new.
Our problem is –
1. The hole is in Common Property and he will not allow us access to fix the hole. Can we legally demand access to repair common property and a fire wall?
2. We also had a Strata lawyer draft a special By-law to cover the renovations and he refuses to sign it.
Regards
Slim
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Replies
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In answer to your questions:
1) YES – Sect 65 of the NSW Strata Schemes Management Act applies, although if the work cannot be classified as being an “emergency” (seek Council’s advice/support) then your Owners Corporation (O/C) must seek the Orders cited in the Section.
2) The Owner doesn’t have to sign the Special By-Law, but if it includes a provision that seeks to transfer future responsibility for maintaining all areas of Common Property involving the proposed second bathroom (e.g. floor tiles) from the O/C to the current and all future Owners of the Lot, which it should, then the current Lot Owner needs to agree in writing to that provision. The strict consequence of that decision is that the O/C would decline to give its consent to the Owner’s works, and typically Councils will similarly decline to consider a Building or similar Application for those works unless it’s first endorsed by the O/C placing its Common Seal on the submitted Application / Plans. Have a talk with Council’s Inspector and give them the “heads-up”.
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