NSW Strata - what is the standard flooring installation procedure

Discussion in 'Property Management' started by inspiredbyprop, 13th Mar, 2016.

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  1. Ted Varrick

    Ted Varrick Well-Known Member

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  2. Cia

    Cia Well-Known Member

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    Hello Folks
    Here's a question. I just bought a property that already has floorboards it pre 1900 house divided into units. The floors are in poor condition (no sealant left at all). I believe the Strata own the floorboards though they may not (according to latest NSW strata law responsibilities).

    Question... can I fix, sand, stain and reseal them without having to go through the strata? Is that a cosmetic renovation or minor reno under the current act ? Previous listings show all units in the whole block have floorboards. I'm on the ground floor and always use rugs in living dining and bedrooms too. I've just had no answer from the strata (after 2 weeks) and wish to be able to do this straight after the current tenants move out soon (for obvious reasons, you can't do it while living there - costs heaps to move in and out again just to sand the floors). Any solutions welcome?

    I'd like to limewash them. Alternatively could I just paint them white as that would definitely be cosmetic?

    I'm moving in. Your advice is welcome.
     
  3. Ted Varrick

    Ted Varrick Well-Known Member

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    Hi Cia,

    You need to ascertain who owns the floorboards, so maybe find out who is on the Strata Committee and have a chat with them, or give the Strata Manager a call and have a chat.

    And make sure you get it in writing, maybe via an email...

    If it is common property and you damage it you might be in breach of section 65A of the Act, in which case the Owners Corporation might opt to reverse anything you have done, but if it's not common property then you should be OK.

    Except in the instance where you have a special bylaw related to "Works" in which case you might require OC permission via a special resolution at the next OC meeting (or AGM).

    Hope this helps,

    TV
     
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  4. Cia

    Cia Well-Known Member

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    Yes thanks, Ted, the OC does own the floorboards. Can you reverse sanding of floorboards - by replacement? The other reason they may be cautious is because OC should pay for maintenance of anything owned by it - ie they're responsible for their maintenance not me. However, if you can paint walls, then can you paint floorboards instead of limewashing them ie paint them white?
     
  5. Ted Varrick

    Ted Varrick Well-Known Member

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    I'm only guessing here, and I would recommend you take some advice also from the strata manager and/or add it as an agenda item in the next OC meeting so at least there is a record of it.

    Also, in your first post on this subject above, you mentioned that the floorboards are in poor condition, so it's reasonable that the OC put their finger out and get them back into a reasonable condition, as the maintenance is their responsibility.

    And you should consider keeping all correspondence in relation to this matter, just in case you need to spend $80 on a Fair Trading Mediation application, and, assuming that's not successful, then having to spin the big Tribunal "chocolate wheel" known as applying for an order from the NCAT....
     
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  6. Cia

    Cia Well-Known Member

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    Great advice thanks Ted. I'd be happy to spend the money on the maintenance as if they've done it in the past then they just put any old hardwood boards, the result being a mishmash along with some lovely old boards with nail oil stains. Hopefully it won't come to any disputes, I'm just aware that as a new owner, there's been no welcome mat put out, nor any acknowledgement that I've even put in a request in over 2 weeks from any owners. Is there a response period requirement? Anyone?
     
  7. Marg4000

    Marg4000 Well-Known Member

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    You may have to wait foryour request to be tabled at a bc meeting. Most bc members are volunteers and have their own lives. You really can't expect them to drop everything every time a request is lodged. Find out when the next meeting is and go along and introduce yourself.
    Marg
     
  8. Ted Varrick

    Ted Varrick Well-Known Member

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    Forward your last request to the strata manager and ask them what the status of it is as it's been two weeks. As @Marg4000 says they have their own lives and you can't expect them to drop everything, however it's also reasonable to expect (from your original post) that your block is only 4 units not a 150 - 200 lot building, and since they put their hand up at the last AGM to be a member of the EC, 2 weeks is plenty of time for them to extract their digit and start making some decisions, which is really all that is required as an EC member.

    It's not as if you are asking them to come over and paint the floors for you.

    And, if the strata manager drags the chain, then maybe a new one is worth investigating.
     
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  9. Ted Varrick

    Ted Varrick Well-Known Member

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    Hey Cia, can you confirm that your block is only 4 units?

    If so, get on the Strata Committee and, as a 25% vote you can call an EC meeting whenever you see fit.

    If not, it's going to be a bit more difficult.
     
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  10. Ted Varrick

    Ted Varrick Well-Known Member

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    As I understand it, all hard surface flooring installations, from 30 Nov 2016, in NSW now require OC permission at an AGM.
     
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  11. Cia

    Cia Well-Known Member

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    There's 12 units - all have original wood floors. Building is pre1850. I rang Fair Trading who've told me that sanding and polishing or staining is cosmetic, so no need for Body Corp permission at all - yay! I'm not installing anything - maybe a repair or two but that's it. The other interesting thing is that when the BC own your floorboards, it's actually their responsibility to maintain and repair them. In any case I'm happy to comply just need to open conversation. I'm going to a SC meeting this week to discuss.

    I've learnt alot in this process, read everything I could find online about new laws etc. The new requirements are quite cumbersome for a small owners corp - you have to submit all kinds of BC law change documents with the LPI and each of which costs the BC money.

    I learnt that the BC actually owns your toilet pan, so you need permission to change it. Then it's usually your responsibility to maintain it.

    NSW Strata law changes have actually made it more complex to do your kitchen reno esp if you're not moving any plumbing or electricial (me). Prior to Dec 16 I could have just done it. Now however you're required to get minor renovation approval ie 50% passed by those present at a general meeting (if and when they have one). Anyhow there's a mountain of information out there, most of which is pre Dec 16 so it's out of date. Most SC's haven't even changed their laws as yet either. You live and learn.
     
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  12. Ted Varrick

    Ted Varrick Well-Known Member

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    Yep, Cia, it's a brave new world...
     
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  13. Ted Varrick

    Ted Varrick Well-Known Member

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    Well apparently the new strata laws introduced into NSW require a special resolution from the Owners Corporation AGM for the installation and/or replacement of hard surface flooring. ie. floorboards

    Thanks, ex-NSW Fair Trading Minister Anthony Roberts for your hard work and persistence in getting this through.
     
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  14. Russ

    Russ Well-Known Member

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    But just to make it confusing, @Ted Varrick , whether it's Ordinary or Special resolution will depend on the material and installation method (in practice), and some buildings will delegate that authority to approve minor works to the Strata Committee - bypassing the General Meeting requirement altogether!

    I think the new rules will cause some confusion for a while, or until the next re-write of legislation in 20 years.
     
  15. EN710

    EN710 Well-Known Member

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    My strata has minimum spec on the noise. One of the owner who are changing her floor had a quote from Carpet Court with spec of the flooring and expected dB noise. They also sound tested it to make sure it met the requirements.
     
  16. Ted Varrick

    Ted Varrick Well-Known Member

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    Great @Russ that sounds excellent, those buildings better hope that the adjacent units, who will experience the downside of their "delegation", aren't occupied by the de facto couple, Mr Smith and Ms Wesson...
     
  17. Ted Varrick

    Ted Varrick Well-Known Member

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    EN, was this sound testing done in the lots directly upstairs and downstairs from the said lot. Given that flooring resellers are in the business of selling flooring, they are probably not so concerned with any ongoing strata noise issues, as that's really the "new install" lot owners issue...
     
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  18. EN710

    EN710 Well-Known Member

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    Actually, they might or might not have done the testing (my memory is quite fuzzy) but the strata manager did require acoustic certification done within 3 months after. I just checked the by-law requirements and it stated ASIO55-1997 for the underlay or a minimum IIC50 or above (Impact isolation class - I don't know what it means apart from that). I don't think the decision can be reversed if OC has already approved it?
     
    Last edited: 24th Feb, 2017

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