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If you live in a strata scheme, you are required to follow a set of rules called by-laws. By-laws usually cover things such as renovations, parking and pets in an attempt to ensure a scheme is both functional and harmonious. It is important that you are familiar with your strata schemes set of by-laws as they vary from scheme to scheme. As strata schemes are typically apartments or close knit townhouses, disputes and disagreements and inevitable.
CAN I RENOVATE IN A STRATA SCHEME?
- Replacing wiring or cabling;
- Installing or replacing flooring; and
- Installing ceiling insulation.
- Waterproofing; and
- Moving structural internal walls.
The process for obtaining approval generally requires the drafting of a new by-law. The new by-law should outline the proposed renovations and your responsibilities in relation to them. Once drafted, the new by-law needs to be approved by either the Strata Committee or Owners Corporation. The process for approval will depend on the extent of the works and the requirements set out in the schemes by-laws. If approved, the new by-law must to be inserted into the existing by-laws for registration.
It is important to remember that each strata scheme is different. Therefore, you will need to check your by-laws before renovating to ensure you follow the correct processes and obtain any necessary approval. If you conduct renovations without obtaining any necessary approval from the Strata Committee or Owners Corporation you may be required to return the property back to the state it was in before the changes were made.
If you live in a strata scheme and are looking to renovate, contact one of our lawyers at Eleven Legal to help guide you through the process. Book an appointment directly here
CAN BY LAWS BE CHALLENGED?
By laws can be amended by the consent of the owners corporation and the owners by a special resolution. This is usually done at the annual general meeting of the scheme, however, can be called at other times. By laws can also be challenged by owners for being “unjust”. Under s 139 of the act, a by law cannot be “harsh, unconscionable or oppressive”.
If a by law purports to place a restriction on individuals that could impact the owners unfairly, or target certain individuals, it could be challenged and the NSW Civil and Administrative Tribunal (“the tribunal) has the power to repeal these by laws. For more information on challenging by laws and taking legal action against your strata click here.
Our strata lawyers at Eleven legal can assist you with timely advice in dealing with these complex issues and help you prepare for any conflict with the owners corporation. Book an appointment directly here.
