bcr83

Thanks for the reply Whale, I think I’ve lost half my head of hair over this whole process so I’m keen to put it to bed!

I did read that existing By-Laws can be changed or created by special resolution (this is happening for the existing SBL) with 75% majority vote which I imagine will get passed though.. If however the By-Law is an SBL then it requires a unanimous resolution? So am I correct in that the Adjudicatoris order is treated as an SBL?

Apologies if I’ve gone round in a circle! Just trying to be crystal clear on this before any communications take place.

I’ll do a bit of reading tonight on the NSW SSMA to see how it all fits in.

Thanks again

Update:

I have received the proposed SBL ammendment with one of the parts stating the below:

“For the avoidance of doubt, this part 3 applies to the installation, repair or replacement of an AC unit whether installed prior to or after this by law made”

My interpretation of this is that they are trying to retrospectively apply this by law to existing installs.

Could someone in the know please advise of what they can/cannot do? Surely if I have an adjudicators order for which I installed a unit they cannot make me move it?

Thanks in advance

Thank you both for the detailed responses, 

I am absolutely trying to play it the right way and ultimately if my proposal is not approved I will wear it on the chin. 

Whales comment is correct in that EC has not refused install however they are ruling the location of install originally based on being visible from other lot owners, once that concern was able to be to put to bed the next case was simply that “it would set a precedent”

I personally believe the above is not a strong enough argument if I take the appropriate measures upon installation. As stated my apartment has several unique aspects within the block thus limiting any sort of “precedence setting”.

SM has advised quite clearly “EC insists you place AC on balcony”, As our AGM is some time away, the way I am seeing this pan out is at least I can attempt to go through NCAT and have the backup AGM in Q2 2015?

I imagine that the response from EC to NCAT will be along the lines of that they did not reject the install but want to raise within AGM for OC to make a decision.

My difficulty is delicately putting forward my concern to NCAT that I feel based on AGM attendance it will be proxy voted in favour of EC decision thus am seeking an Adjudicator decision to have my issue fairly reviewed. 

Hopefully this makes sense, 

Thanks again

Thanks Whale,

I am now discussing with the SM my options particulalry around the last point where a generic style Bylaw can be included allowing an EC to approve on behalf of OC.

Would such a By law have to be funded by the OC which I would imagine is then for approval in an AGM?

Thanks for your reply,

To just get a little more clarity I will ask the questions floating around in my head, playing a bit of the devils advocate here..

Yes, we do have noise transmission by law – “

An owner of a lot must ensure that all floor space within the lot is covered or otherwise treated to an extent sufficient to prevent the transmission from the floor space of noise likely to disturb the peaceful enjoyment of the owner or occupier of another lot.”

I can understand that a SBL may be required however my SM has advised that it may have been approved with by law 5 – “damage to common property” So with that being said, we have an apartment completely tiled beneath me, would it not make sense to at least check what communications if any have taken place to the EC and if this particular by law was applied prior to this floor going in? Additionally if it is ok for the unit below to have it then treating everyone equally, I should be able to have it? If not, then shouldn’t the owner for the unit below be advised of the breach etc?

I have made contact with companies who can provide acoustic underlay that exceed the standard with regards to noise transmission for tiled floors. If I have a SBL created and it exceeds noise transmission requirements why would it be such a hard task to convince owners corp…I am satisfying the maintenance/upkeep requirement and adhering to noise transmission requirements, what else would someone be concerned about?

Lastly, If I have a Bylaw created and then take it to the matter to AGM and it is not passed, that’s a significant cost to wear. Does it work in the way of being approved at the AGM and then the By Law is created to save the potential loss?

Thanks in advance

@random said:
What bylaws does your building have in place regarding transfer of noise to other apartments and requiring sufficient noise insulation of flooring (excluding kitchens, laundries, bathrooms)? Not sure where you are, but in NSW it would be very strange for a strata not to have such bylaws, and I do not expect tiling could meet the requirements.

Plus, whether or not there was an approval of sorts in the long term past for another lot, I would agree with your strata manager that you would likely require a special bylaw to be drafted and registered – which will have to be voted on at a general meeting. And I feel you will struggle to get support from other owners to tile your entire apartment at a general meeting (i.e. if in my building you would need a very convincing case [in terms of both noise and maintenance/upkeep] for me to consider voting permission for this).

So in my opinion the right way to go would be to firstly consult your existing bylaws regarding noise and flooring changes. Potentially discuss with an acoustic engineer if the believe it will be possible to have sufficient noise insulation with tiling your apartment – if so arrange a report so you have something to show. And after all of that, if you want to proceed, talk to a strata lawyer about drafting a special bylaw as your strata manager suggested to table at the next EGM or AGM.

(On the balcony tiles question – it would generally be appropriate to let your OC know (via EC and/or strata manager) when you would expect to be doing this work due to the noise. Consult your bylaws as to whether there’s any additional requirements.)

@kiwipaul said:

@bcr83 said:
 
I put some thought into it over the weekend and I will put forward a request to my SM to take this matter to the Tribunal.

Your SM won’t take this to NCAT it’s not their job UNLESS they are requested to do so via a motion at a General Meeting and then they can charge the Strata all costs (can easily run into thousands for the time they spend on it).

Your only choice is to take it to NCAT yourself at a cost of approx $200 but a lot of your time.

Your chances of winning are 50 50 IMHO, but you really need a vote at a GM as PeterC says because if you take action against the EC for refusing your request the NCAT might just rule you need to have the issue voted at a GM before they will make an order.

As our AGM is in March, would it be wise to take the mediation step first?

In order to have this tabled at a GM do I just notify my SM? Would I do this post mediation/adjudicator result?

I may be wrong but in my mind I see  the mediation process as the required next step mainly as it’s to resolve a dispute between myself and the EC?

We have significant building rectification works requiring special levies coming up this year and next, I am assuming that none of the OC would be wanting to spend thousands over this case so hopefully it travels in the right direction.

Thanks for the help so far