Strata introducing by-laws requiring approvals for cosmetic reno

Discussion in 'Legal Issues' started by pwt, 21st Mar, 2017.

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  1. pwt

    pwt Well-Known Member

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    Hi all,

    We're currently doing some cosmetic renovation to an IP in Sydney. It is a very old unit, so needed a new coat of paint, carpet and built-in-wardrobes. Originally, we wanted to change the bathroom and kitchen as well, but the strata insisted that we have to go through the EGM process to get committee approval. Due to time constraints, we decided to skip that and just do the cosmetic work for now.

    As the work is still in progress, some of the common area got slightly dirty by the tradesmen and we received a complaint from the strata today. We have been planning to have a professional cleaner clean up the unit and common area after all the work is done anyway, so we have no issue with having those complaints addressed.

    The strata now threatens that a new by-law will be put in requiring all cosmetic work to also require an EGM and committee vote of approval. They also threaten that in future, if we were to do reno on the bathroom and kitchen, the committee may not view it favourably.

    The questions we have are:
    1. Can the strata reject future renovation work just because they felt that the current work has not been up to their expectation?
    2. Can the strata enforce a new by-law requiring committee approval for cosmetic work? This seems over the top to us.
    3. As many other owners in the block have had their units renovated previously, how can we make sure we are not unfairly stopped from making further renovations to our unit?
    Thanks
     
  2. Scott No Mates

    Scott No Mates Well-Known Member

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    The creation of this type of by-law & it's operation is very selective and possibly prejudicial. If the bc dislikes owner in the block then they could reject any request to refurbish or add value so the disadvantaged owner gets less rent or sales price.
     
  3. pwt

    pwt Well-Known Member

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    Yes, that's what we thought. How do we prevent that or how can we warn the strata and the committee against such practices?
     
  4. Marg4000

    Marg4000 Well-Known Member

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    To begin with, have you formally notified the BC that you intend to professionally clean the common areas your tradesmen have dirtied and make good any damage?

    That would probably allay some of their concerns.
    Marg
     
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  5. pwt

    pwt Well-Known Member

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    Yes, we have advised them that we will clean the areas and fixed the damages.

    The committee said that our tradies broke one of the glass panel on the door though. But none of the tradies said they did it and the door isn't one that would normally used by tradies (easier access via another door). Wife believes she saw the crack there before the work started. So, this will cause some unhappiness as we are pushing back on this.
     
  6. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    Sounds like a grumpy old dude on Strata.

    Perhaps they dont know the new laws and are snowing you
    NSW Fair Trading
    but perhaps your repairs are minor renovations and you DO NEED APPROVAL?? Read the links

    Its now harder for stratas to make laws to intimidate owners. Reviewing Laws before November does NOT mean that Mr Dick can make new rules he dreams up. Make sure all owners know the new rules and Mr Dick is wrong. So his proposals dont get approved. Under the new rules you probbaly should say nothing and wait till Mr Dick speaks up then seek enforcement for him being a dick.
     
    Last edited: 21st Mar, 2017
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  7. Marg4000

    Marg4000 Well-Known Member

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    Are you sure that building in new wardrobes falls under the "cosmetic work" description?
    Marg
     
  8. pwt

    pwt Well-Known Member

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    No, they know the laws. The strata manager is the one sending all the complaints and threats to us.

    There is indeed one or two grumps in there. I recall when the last unit did reno in the block some 4-5 years ago, there were complaints as well but I didn't pay much attention then.

    My contractor checked out the carpet stain in the common area that the committee alleged we damaged and it looks like it was caused by an old water leak issue from the common area ceiling. So, someone wants to heap a bunch of blame on us and trying to get us to pay for common area repairs! I'm thinking of threatening to sue the strata committee members for making false claims. Wife thinks I'm not helping build a good relationship but how much **** should one accept though?

    Yes, we checked with the strata before work began. It's also listed here. Different story if I'm ripping out all the kitchen cabinets though.
     

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