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Question: An owner in the complex has asked me whether he needs to give notice for work in his bathroom. His shower recess floor is cracked so, in order to rectify the problem, the floor will be taken up and replaced/rewaterproofed and retiled. As the matter of bathrooms/shower recesses and internal plumbing in this complex is the owners responsibility, and as the layout of the bathroom is not being changed (there will be a new loo and vanity in the original places), no structural changes taking place, does this owner need permission, or does he simply need to advise the EC/OC of his intention to carry out these necessary works?
The EC/OC had a by law drawn up to ensure these problems were the owners responsibilities and not the OC’s. The need to put in a new floor/loo and tiles would not have arisen if the crack did not appear.
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G’day Strugs, we seem to be reading each other’s posts lately, so …
Answer: I’m not one for unnecessary regulation or paperwork, but strictly and practically speaking YES, as even though the works involved are on private items, the contractor/s undertaking those works will need to traverse the Common Property where the O/C may wish to impose conditions (e.g. parking, storage of materials, use of walkways etc). Furthermore, as the works may create a disturbance to the occupants of adjoining Lots (e.g. vibration), the O/C may wish to include some reasonable restrictions on the times for some work activities.
So if there’s no written request by your Owner for the O/C’s consent to the works, there’s no opportunity for it to include some reasonable conditions of the types suggested (above) in that consent, where it may also be advisable to take the opportunity to make reference to that relevant By-Law that your Plan’s put in place under S62(3) of the SCMA; just for the record and to show (to future Owners of the Lot) that the works proposed were completed after the Registration of that By-Law.
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