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Hi All
Recently we had an unauthorised renovator (previous post) which is still an on going nightmare.
The latest issue with the renovations is he has put floorboards down.
Our Strata Plan has a Special By-law relating to floor covering which basically state that all areas originally carpeted must stay carpeted. (Dated 2002)
The owners of the unauthorised renovations have also signed a Special By-law in regard to their renovations. One section in their Special By-law states that they will agree to comply with pre-existing Special By-law – e.g. flooring.
We have been told we can do nothing as a tribunal will not make them remove the flooring.
Is this right and if so what is the point of having Special By-law?
Slim
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Whoever told you that the Tribunal won’t order reinstatement is wrong. If your by-laws say carpet can only be replaced by carpet then that’s how they must be observed.
If there is a clear and registered by-law in place and they have breached it, then I can’t think of any reason that you won’t prevail but it may be a long haul.
Having said that, you have to allow for the idiosyncrasies of NCAT members who have been known to ignore by-laws – but that just slows the process.
So hang in there. These renovators are selfish bullies and need to be brought to heel, if only because they are setting a precedent for the whole building.
The process should go something like …
Talk to an experienced strata lawyer
Have a committee meeting and issue a notice to comply (which the rogue owners will ignore)
Apply to NCAT for orders forcing them to comply (which they will appeal)
Win the appeal in front of a tribunal member (they may appeal to a court)
If they don’t appeal, ask for penalties for breaching tribunal orders
If they appeal at court, ask for an award of all costs.
The misconception about flooring orders stems from cases where strata schemes have not had clear-cut by-laws.
They have gone to the tribunal demanding carpeting be re-laid and the tribunal has decided that was beyond their remit as the by-laws haven’t stipulated that.
However, in those cases, the Tribunal may order that the rogue owners adequately insulate their floors (which leads to the great rugs v carpet debate but often ends in the floor being re-carpeted).
By the way, if you time your run at NCAT right, the new strata laws will have come in and fines will be paid to the owners corp and not the government, making the whole process more economically viable.
Talk to a strata lawyer
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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