A lot of strata owners just get on with living and trying to be good neighbours, regardless of what the by-laws say. But then somebody wants to sell and the buyers, quite rightly, want everything to be street legal and hunky dory.
QUESTIONS: An owner intending to sell has put a wooden deck floor on his balcony. It allows easy access to the drainage points but the neighbours below are certain it’s going to flood their unit.As chairman of the Owners Corporation, I am satisfied that the deck poses no problems but since it was done without permission, are we obliged to ask the unit owner to remove the deck?
The same unit owner installed a washing machine in his kitchen, breaking a House Rule established when the Strata was first created in 1973. To complicate matters, the Executive Committee approved the installation of a washing machine in another unit, but failed to have it documented.
Is it unreasonable for the EC to insist that the washing machine be removed? – Spyman, Bondi.
On the question of the decking, all you need is a legal undertaking by the owner (drawn up by a solicitor at his expense) saying that he and subsequent owners of his apartment will indemnify the building and any other owners if there is flood damage caused by his decking. This can be accepted, in exchange for retrospective permission to install the floor at an extraordinary general meeting (also held at his expense).
If he refuses, a note to that effect will go into the minutes of your executive committee for all prospective buyers to see.
On the washing machine, it sounds like you need to bring your by-laws up to date. No more than 25 percent voting against at the same EGM, will see a by-law passed and it will have a retrospective effect.
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