[200William-EC SP67851] SP 67851 - Renovations By Law
Matt Perkins
matt at spectrum.com.au
Sun Sep 4 20:18:32 AEST 2016
Hi Robin,
I will do my best to answer your questions. The solicitor that I know
that wrote the bylaw is better then me but never the less. See bello.w
On 3/09/2016 6:59 PM, Robin Patrick wrote:
> Hi Matt,
>
> Thanks for reaching out. Of course no problem. It's position that is
> lightly held and stems from some uncertainty and a lack of tenure on
> the EC. It would be great to understand:
> - what is in place now and what is the issue with the current by-law?
There is no current bylaw. This bylaw does not supersede an old one. At
the moment the only mechanism for anyone doing renovations that fix to
common property or to alter common property is to ask for an exclusive
use bylaw at an AGM/EGM. There are a few examples of this that are
almost all concerning the commercial strata and Avis. For things like
the fuel tank and it's easements.
An example might be a lot owner wants to a add a cage to the back of
their car space. They drill into the slab to bolt in the polls for the
fence and gates. This would require an exclusive use bylaw and a vote at
an AGM/EGM. The EC can not authorities this. I know they have for things
like storage boxes under the advice from Pia. But i have advice from
one If Sydney's top strata laws this is incorrect in law and the
approval is essentially invalid and means nothing. The EC does not have
the power to authorize the exclusive use of common property.
I uncovered this after I did an investigation into some of the advice we
received from Pia once it was clear she had been dismissed for fraud and
this was one of the red flags.
> - I'm unfamiliar with introduction of new by-laws, are they
> retroactive? Aka, I've done some of the "Works" listed. What is the
> impact on me/others? Obviously I don't want to be in a position where
> the strata is forcing me to pay for remediation. (And I definitely
> understand that it's your intention to stop that very thing, or at
> least prevent a strata from allowing reasonable changes inside
> people's properties.)
> - Am I right in that the new by-law doesn't change the
> responsibilities of the Strata to ensure the good condition of common
> property (exclusive use or otherwise), but puts the onus on the owner
> for any upkeep and maintenance to any 'works' done on common property?
The bylaw would effect past renovations in a positive way. As it is
right now the owners corporation could ask any renovations that have
been done to be made good. Even if they were authorized by the EC. As
the EC has no power to authorize exclusive use. With the new bylaw in
place. It would simply be a matter of a lot owner submitting an
application to Darren to approve any past renovations. As long as they
fall within the guise of the new bylaw he could authorize them. It's
mostly irreverent when the work was done. There is a good framework
within the bylaw for the owner to then become responsible for the new
work. So the owners corp would not be responsible for any bad work done
by the owner.
So for example Patrick could authorize a new kitchen to be installed.
They might move an old 1/2 wall in a kitchen and move the kitchen
around. From that point on that new kitchen would become the
responsibility of the lot owner. But if for example the new kitchen
would still need to have plumbing installed in a professional way by a
plumber so it could not effect any other owners with a leak.
It simply a framework to allow renovations within a lot. That would not
effect other owners. Insuring owners conduct works in a professional
manner with qualified tradespeople and then the lot owner becomes
responsible for those modifications their insurance and upkeep.
I have seen another version of the proposed bylaw that does have a bit
more details around floating floor and the transmission of noise. It
requires an audio engineering report for floating floor. I did not think
that was necessary in our case as most kitchen within the building were
supplied with a floating floor with 1mm of foam insulation. This would
not even pass today's building standards it's so poor any new
installation would be an improvement from what was originally provided
by Andrew Vernon.
>
> It would also be great to get your view Patrick. Is there anything
> here (clauses/powers/provisions) you would flag or consider to be
> uncommon?
>
I would welcome Daren's input. Im also happy to put any of your
questions to my solicitor to answer who im sure would do a far better
job then I would. As a lawyer i make a great engineer. Please let me
know if you have any other questions. I really would like this to be a
bylaw that would help all owners and keep the owners corp out of our
lives a much as possible. After all the EC has it's hands full with real
water any money problems.
Matt
> Many thanks
>
> Robin
>
>
> On Wed, Aug 31, 2016 at 5:26 PM, Matt Perkins <matt at spectrum.com.au
> <mailto:matt at spectrum.com.au>> wrote:
>
> Robin
> Could I perhaps ask why you voted down the proposed bylaw. I
> dont need your support to take it to the the EGM but I would
> rather have it. Would you perhaps be able to shed some light on
> what parts of the proposal you were unhappy with and perhaps I can
> make amendments prior to the EGM
>
> As im sure you are aware any renovations people have done inside
> their apartments if they are not freestanding. Do not comply with
> strata law. In the past the EC has been granting permissions for
> these however they are not permitted to so do in law. This
> includes anyone with floating floors.
>
> If you have laid tiles or renewed your kitchen and any part of it
> is fixed to common property you are essentially braking the
> bylaws. Most have not done much in the way of renovations but 402
> has moved internal and external walls. Without any permission
> what so ever. Lots of apartments have floating floors and im sure
> lots of people have tiled there bathrooms (which is what i want
> to do)
>
> Im sure no one wants to get into a situation where the Strata is
> saying what can and cant be done inside someone's own apartment
> and this bylaw adds a great framework to allow simple renovations
> without strata unduly getting in the way.
>
> I would really like to know your reasons for voting this important
> bylaw down.
>
>
> Kind Regards
> Matt.
>
>
> On 31/08/2016 5:11 PM, Patrick Rush wrote:
>>
>> Hi Matt,
>>
>> Thank you and I will include in the EGM Agenda when organised as
>> requested below.
>>
>> Kind regards,
>>
>> Patrick Rush
>>
>> Strata Manager
>>
>> Phone: (02) 9266 2600 | Email: prush at stratatitle.com.au
>> <mailto:prush at stratatitle.com.au> | Address: PO Box 2727, Taren
>> Point, NSW 2229
>>
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>>
>> -----Original Message-----
>> From: Matt Perkins [mailto:matt at spectrum.com.au]
>> Sent: Wednesday, 31 August 2016 5:09 PM
>> To: Patrick Rush
>> Cc: ec at 200william.com <mailto:ec at 200william.com>
>> Subject: Renovations Bylaw SP67851
>>
>> Hi Patrick,
>>
>> I would like to propose that the renovations bylaw that lost
>> the motion at the EC meeting be placed on the agenda for the EGM.
>> I will put the motion up as an individual owner.
>>
>> Thanks
>>
>> Matt
>>
>> --
>>
>> /* Matt Perkins
>>
>> Direct 1300 137 379 Spectrum Networks Ptd. Ltd.
>>
>> Office 1300 133 299 matt at spectrum.com.au
>> <mailto:matt at spectrum.com.au>
>>
>> Level 6, 350 George Street Sydney 2000
>>
>> Spectrum Networks is a member of the Communications
>> Alliance & TIO */
>>
>
>
> --
> /* Matt Perkins
> Direct 1300 137 379 Spectrum Networks Ptd. Ltd.
> Office 1300 133 299matt at spectrum.com.au <mailto:matt at spectrum.com.au>
> Level 6, 350 George Street Sydney 2000
> Spectrum Networks is a member of the Communications Alliance & TIO
> */
>
>
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>
--
/* Matt Perkins
Direct 1300 137 379 Spectrum Networks Ptd. Ltd.
Office 1300 133 299 matt at spectrum.com.au
Level 6, 350 George Street Sydney 2000
Spectrum Networks is a member of the Communications Alliance & TIO
*/
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