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Our building was built around 1977. The properties had Juliet balconies and at some point all owners were allowed to extend this and were covered by a by-law.
In 1989 some owners were contacted to see if they wanted to extend their Juliet balcony to a full balcony and 7 agreed to do this.
Now 24 years later we had a disgruntled owner who reported their balcony to council which resulted in an order to the entire lot (of which there are 49 properties).
7 of us are being told to reduce our balcony back to Juliet (this is a very long and complex story and not sure anyone can offer insight into this). We are being used as scapegoats by our executive committee.
Does anyone know if someone can bring up the fact that there was no bylaw 24 years ago to cover balconies.
Would love any advice as we are trying to investigate this on many levels before we pay for solicitors.
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For some reason I can’t moderate the post (below) without replying; so “reply” and now it’s over to everyone else!
Arrange a search of the owners corporations records and in particular the Minute books which should contain decisions made by the Executive Committee and owners at General Meetings. Beware that the ‘by-law’ mentioned may not have been registered by then strata management company at that time.
You can also request a full copy of the by-laws from the NSW Land and Property.
Just a quick comment ….. even if a search of the Owners Corporation’s records reveals the original By-Law and it’s Registered on the Strata Title, none of that can override any requirements the Council may have at that time required (such as a DA to extend / modify the balconies).
Whale is right – the by-laws are irrelevant insofar as if the extension of the balconies required Council approval, and that wasn’t obtained, then they may be illegal. If there is a Council order to reduce them it sounds like that is the case, and a by-law won’t help you.
You can also request a full copy of the by-laws from the NSW Land and Property. i agree
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