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I am wishing to extend my pergola however i have been met with a significant amount of obstacles which i hope someone can render some feedback on.
A proposal of the job was sent to the executive committee which was subsequently rejected without any reason whatsoever.
And an offer to submit diagrams and photos of the proposed work has been ignored. Having a secretary who is a pain in the ass does not help things either. I have approached the strata management unit for advice but they told me its out of there hands.
The only member of the executive committee who approved our job stated there is some sort of rule which indicates the length of the pergola cannot exceed 3m long from the house. Is this correct? She could not find information to back up this up so hopefully someone can assist and confirm this measurement please?
Lastly is anyone able to offer advice whether i am able to just go ahead and extended the pergola?
Thanks
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Firstly, have you checked with your local council as to requirements for structures of this type? There may be limitations on the area of a pergola.
Secondly, is this pergola common property? If so do not touch this without permission. You may not only be in breach of council regulations but of strata by laws as well. You would need permission and no doubt an exclusive use clause.
If the structure is not common property, you could put in a submission via the managing agent to the EC/OC (don't give it to them directly – your word against theirs as to whether they received any info). Going via the managing agent leaves a “paper trail” and makes such a request official ie there is a record of it. Leaving for the EC in the letterbox or under the door you have no proof.
Include in your submission any details about council regs (whether complying or non complying development) current square metres, how many square metres the finished pergola will be. Include diagrams, measurements, materials used. Assure EC that only licenced insured tradespeople will be used. Any damage to common property will be rectified (from delivery of materials for example), tradespeople will work within defined hours to limit noise to neighbours. Just include everything and anything.
But whatever you do, don't go ahead and just do it because you haven't heard back either way.
Colosus01 – may I just add that there would need to be a specific Special By Law registered for your Plan if the 3m restriction that you mention is truly a Strata requirement (as opposed to one by Council).
“Struggs” is right about a making formal submission, especially as it sounds to me like you have all the info. anyway, because at least then the O/C's decision and the reasons for it, also has to be in writing.
That way, if you choose, you'll be in a position to do something about any ad-hoc and/or spurious decisions via the Strata Regulator in your State; in NSW – https://www.cttt.nsw.gov.au/Divisions/Strata_and_community_schemes.html
When you say that “strata” says it is not common property, did you mean the Executive Committee or the Owners Corporation? Did you apply in writing and get a written response from the above stating that you are not dealing with common property?
If extending this pergola means attaching any new structure, fittings etc to the outside wall, then you are working with common property. The outside wall is common property, even if the pergola was not deemed to be common property.
Get any permission in writing from your EC/OC.
Perhaps the 3m is the distance of unit area before you get to the common property. IE if it were longer it would go onto common property? Perhaps there was some general principle agreed to at some point for consistency of architectural style? It is not very nice that no one explained the reasons if there is something like this. Our OC has an Information Booklet that explains things like this: how far the unit area generally extends, what you need to do to get approvals, what styles of fences have been approved by general meetings and so on .
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