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I am looking to undertake minor renovations to my unit, being renovation of the kitchen and installation of hybrid flooring throughout.
The Strata Schemes Management Act details that I need to have the approval of the owners corporation through a general resolution only, as per the section relevant to Minor Renovation works. It does not state I need to draft a by law.
As per the legislation I have so far notified the owners corp through the strata manager of my intentions and also provided a summary and plans of the works being conducted.
My strata manager has made indication that by laws regarding these works will need to be drawn up and also approved by the OC. I’ve been told this can be done their solicitor or my own. Fair Trading have told me today I can defat them my self as well and do not need a solicitor.
However, I have read across this forum that for minor renovations a by law is not needed, just the approval of the OC by general resolution. Is this the case?
I am seeking clarification as to what is actually required, as everything I’m reading so far conflicts and can’t seem to find a straight or consistent answer.
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What is hybrid flooring? If you are installing flooring throughout I believe you will have to ensure you meet insulation requirements to prevent noise transmission.
In terms of the works – a lot will depend on whether it affects common property – for example if you are renovating the kitchen you may be changing pipes or electrics that are common property. If that is the case then you will need a by-law. It is not a good idea to draft a by-law yourself.
Perhaps you should ask the strata manager why a by-law is required.
I can only echo Scottie’s comment – ask the strata manager exactly why a by-law is required. If your renovations aren’t affecting common property (apart from the flooring) then there is no obvious need for one. They appear to be covered by Section 110 (3) of the Act. Don’t be too surprised if your strata manager is unaware of this – some are on the ball, others less so.
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.
Hi,
What is the existing kitchen floor type? Tile? Wooden? In our block the kitchen tiles from incorporation are fixed to the concrete slab, and therefore are regarded as OC responsibility. Now when you rip them up and put something else down, the maintenance and upkeep of that floor should really become the current (and future) owners responsibility for maintenance and replacement.
The issue our SM (and executive of which I am Secretary for 12 years) has is that in the years to come- who knows what is original, and what has been renovated? (20 year old block so many already done). Yes you can dig up a ‘Strata Renovation Application’ from the OC records; but the only way of truly knowing (for potential future owner, and for the current OC) is to have the bylaw added. Which puts future liability for maintenance and replacement on the current lot owner.
It is for this reason that our strata manager ‘requires’ anyone on our block (since 2016 anyway), to also stump up the $1200 for the bylaw add. I’ve seen some truly inferior DIY Renovations. Owner sells 3 months later. Then in 18 months new tiles in bathroom start coming up, showers leak etc. Becomes a huge and costly sh*t fight between OC and new owner. Your SM is just doing the right thing by present and future building owners.
I know it add $$ to your reno personally. But this pales into the potential costs to the OC (and hikes in strata fees) in the future. The last couple of renovator bylaws we (the OC) have gone halves with the lot owners as we have updated some of the OC bylaws at the same time (more detailed by laws on pets, parking etc).
Cheers, R
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