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Our Strata is comprised of 2 apartment blocks and 4 townhouses. We live in a townhouse and my husband and I are also SC members.
We have the room and ability to move our hot water heaters from inside the laundry to outside the laundry in order to create more room in our laundry.
Naturally, this work would be carried out in a way to make it attractive and in keeping with the style of our building. We are also aware that a By-Law will be required and will have be approved at an AGM or special EGM,
Unfortunately, the other members of the SC live in the apartment blocks and their attitude is why should you be able to do that when we can’t.
The reasons why are obvious, we have the room and it will be hidden from everyone’s view. We are continually having to battle this idea that everyone should be treated the same.
We are quite unique because we are townhouses, with wrap around walls and not apartments. What are our rights in this situation?
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If you have satisfied all the requirements of the renovation, including proposing a by-law that transfers responsibility for any affected common property to you, then the Owners Corp has no grounds for refusing.
In that case, you would seek relief through Section 126 (2) of the Act (see below). I would think that explaining this to the other owners, and pointing out that you would also seek to have costs awarded against the OC if you were forced to go down this road, would focus their minds.
Strata Law doesn’t require equality – just fair treatment. Denying you the option to do something because they can’t is not fair provided your plans don’t impact negatively on other owners.
126 Orders relating to alterations and repairs to common property and other property
(2) Order consenting to owner’s work on owners corporation property
The Tribunal may, on application by a lessor of a leasehold strata scheme or an owner of a lot in a strata scheme, make an order (a work approval order) approving of minor renovations or alterations or repairs already made by an owner to common property or any other property of the owners corporation directly affecting the owner’s lot if the Tribunal considers that the owners corporation unreasonably refused its consent to the minor renovations or alterations or repairs.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.
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