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We are in a pre 1974 Strata Plan building. A number of unit owners have in the past changed their balcony sliding doors from a two pane system to by-fold doors. and had them approved by the OC. Now the SC wish to introduce a by-law to restrict people to only replace their balcony doors with a two pane system. Can they legally pass a by-law that dictates what owners must do within their own boundaries as the doors are not Common Property due to the building being a pre 1974 Strata Plan? I would appreciate any thoughts on the above.
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The OC can pass by-laws that deal with the external appearance of the building and your balcony doors would probably fall into that category.
By the way, the strata committee can’t pass by-laws, they can only propose by-laws that have to be approved by at least 75 percent of those voting at a general meeting.
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.
we’re in a similar situation however we want to keep the appearance of lot.
One lot owner decided to rip out all their windows (common property) and change their balcony sliding door to a bi fold (pre 1974 block)
They did all this without seeking approval and are trying to hide behind “damage windows” is the reason for the change.
Its an interesting case as they went to an EGM for a whole range of things and never asked about the windows or doors.
They’ve also changed the front door (fire door) to one of their own kind.
Interested to see if similar cases have won at NCAT for the owners corporation to enforce keeping appearance of lot and making the lot owners change back the works they have done.
It seems to be something talked about, but rarely ever done?
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