NSW Strata Scheme Management Act Renovation Without Bylaw

Discussion in 'Legal Issues' started by meffn, 21st Jan, 2021.

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  1. meffn

    meffn Well-Known Member

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    Does anyone know whether it is possible to put a motion under s108 Strata Scheme Management Act without creating a by-law, i.e. the OC continues to maintain the affected property. I am thinking of doing a renovation that's just outside the scope a minor renovation, however the actual impact to the common property is very minor. If the permission can be gained under s108 without a by law it will save on legals and not create an ongoing obligation. Time is not a concern.
     
  2. Ted Varrick

    Ted Varrick Well-Known Member

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    Sounds great. What does your Committee and Strata Manager have to say about it? If it's just outside a minor reno then it's probably a major reno, so you'll need a by-law, given the info you have offered.
    A little more detail might help.
     
  3. meffn

    meffn Well-Known Member

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    Sydney
    I'm creating a sliding door + partition to carve out a part of the living room to form its own space. I'll probably need a CDC for it, so it falls outside minor reno, in which case it'll need approval under s108 with a special resolution. I've going through the section a few times, it seems to me that its only an *option* that a by-law needs to be made where the owner takes responsibility over common property. It's *technically* possible for approval to be made under s108(1), but have no corresponding bylaw made under s108(6). Whether or not that passes through the OC is a different issue, but as time is not an issue it could be advantageous to attempt to pass it without a by-law, as it would mean the OC continuing the maintain common property related to the reno and it'll save on some legal fees. In this case all I'm doing is putting a few screws in the boundary wall, the bylaw would suddenly make me or any future lot owner responsible for the wall in eternity. I am wondering if anyone has any experience with this?