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Hi All
I’m wanting to renovate my small, galley kitchen, which is attached to a Common Property wall. No changes to common property services like water, electricity etc.
I sent full details to the EC four weeks ago and they were going to ‘consider’ my works at a – I found out yesterday it was subsequently cancelled – EC Meeting 12 days ago.
I can’t proceed until I’ve got their permission, aka by-law: “An owner can’t mark, paint, drive nails or screws…any structure that forms part of the common property except with the prior approval of the Owners Corp etc.”
I’ve asked when they will decide – no response to that question.
The next EC Meeting should be around the end of May.
What is a reasonable amount of time for an EC to consider a request?
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In my original reply here I said there was no time limit on EC decisions. As you will see from SMO’s reply (item 9) I was wrong. Having said that, I have never heard of an EC being ‘timed out’ on a decision (but that doesn’t mean it hasn’t happened). In the interests of getting the facts right, I have amended this post. Thanks, SMO.
ECs that meet infrequently can agree on a course of action on a simple question by a quick ring around or email, if need be, and then formalise their decision at at their next meeting. This is simple stuff and owners should not be held up by the EC’s timetable.
If there is no change to common property and no serious impact on the amenity of other owners, I would be very tempted to write to the EC telling them that they have had enough time to consider this and you are planning to proceed.
[NB: According to section 128, you can seek orders at a tribunal for failure to perform their function withion two months. See Item 9]
They are free to take you to NCAT if they so desire, should they be unhappy with you proceeding without their permission.
If you wanted to get all ‘bush lawyer’ about it, you could point out that section 43 (3) of the Act says: “A by-law has no force or effect to the extent that it is inconsistent with this or any other Act or law.” You could argue that in their failure to apply the by-law by not considering your request, they have rendered the by-law invalid.
But, to be honest, all over Sydney people are doing a lot worse than installing new kitchens and getting away with it. I can’t advise you what to do but if this was my building I would give them seven days to respond then just go ahead.
How do they know whether or not you have drilled, screwed or hammered nails into anything? Just make sure your tradies don’t hit any vital pipes or electrical conduits and no one need be any the wiser.
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.
@Millie said:
I can’t proceed until I’ve got their permission, aka by-law: “An owner can’t mark, paint, drive nails or screws…any structure that forms part of the common property except with the prior approval of the Owners Corp etc.”
You are being very conscientious and good on you for wanting to fully comply with the rules. But the sad fact is that 99.9% of strata in NSW don’t comply with this bylaw because it is far to restrictive of the lot owner IMHO.
Do what Jimmy suggests and rest easy that you tried to do the right thing.
I’m always seeking and advising others to take the least confrontationist approach and in compliance with the Act and the Regulation, but the suggestion that an E/C could instruct a building manager to obstruct legitimate access to people visiting an Owner is ludicrous.
As a member of the O/C it’s YOU that approves the engaging of the Building Managers and it’s your money that contributes to their payment, so if you’re unwilling or unable to wait until the next E/C Meeting for a decision then you need to make that clear to your Building Manager, and make it clear to your E/C, in writing, that:
1) if a decision on your proposed works is not given within 7 days then you’ll be arranging for your tradespeople to commence work; and
2) if access to those tradespeople visiting your Lot is obstructed in any way, then you’ll be contacting the Police to arrange for those visitors to be escorted directly across the common property to your premises; and
3) if consent is not granted, then you’ll be seeking Orders for your works to be carried out under Sect 140 of the SCMA.
I hope your E/C sees common sense, but if you need to adopt the shock-and-awe approach, the E/C may be still be able to insist that your tradespeople don’t leave their equipment / tools/ materials etc anywhere on the common property except within their vehicle/s, that could be legally in any dedicated visitors’ parking area/s.
Oh Millie,
Wonder what Ghandi would have said about your situation…
I would do as previously mentioned by Admin.
Good luck!!
Frans
@JimmyT said:
There is no statutory time limit on decision making ………..138 General power of Adjudicator to make orders to settle disputes or rectify complaints
(1) An Adjudicator may make an order to settle a dispute or complaint about:
(a) an exercise of, or a failure to exercise, a function conferred or imposed by or under this Act or the by-laws in relation to a strata scheme, or
(b) the operation, administration or management of a strata scheme under this Act.
(2) For the purposes of subsection (1), an owners corporation or building management committee is taken to have failed to exercise a function if:
(a) it decides not to exercise the function, or
(b) application is made to it to exercise the function and it fails for 2 months after the making of the application to exercise the function in accordance with the application or to inform the applicant that it has decided not to exercise the function in accordance with the application.
Wow! I did not know that. The things you learn in this place … There is a time limit on the Owners Corp or management committee’s exercise of its functions (See item 9 below). I have fixed my original response (not to cover up but to get the facts right). Having said that, I don’t think I have ever encountered a case where this clause has been employed. Anyone else heard of it?
Also, all that need to happen is for the EC to say they have considered a request and have decided not to approve it. That takes you into a whole other area but at least their decision is on the record.
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.
Millie,
I can’t believe it! You poor thing; how I feel for you.
This one, as you say, is a doozey, and I trust that their decision will be in your favour. However, from the tone of your posts & their response/s……….
Is it not possible for you to have your ‘nephew’ do a few odd jobs around your ‘space’ if all else fails?.(leave a few weeks between now & then).
Good luck
F.
Ahhhhh, it seems that I’m now at fault because when I was an EC Member I didn’t suggest/put in place a renovation protocol and by-law. (Note: they insisted I become a member of the EC, even when I protested that I spent nearly all of my time living overseas. When I returned to the country and started questioning how our Strata was being managed I and all other resident owners were promptly voted off the EC.)
The EC has decided to refer my suggested renovation protocol and renovation by-law dealing with work within an Owner’s Lot to an EGM but haven’t said when this EGM will be. And at this EGM they’re going to suggest to the OC that the OC sues me on another matter.
I told you they were ‘creative’.
At least SMO has helped with information on the ‘two month time limit’ on EC decisions – thank you!
The joys of strata living.
And another sleepless night in the big smoke.
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