Anyone has experience in writing the By-Laws draft? I have small work to be done (cost $200) but strata manager wants to submit By-Laws:
Yeah i found them. But looks like they are not accepting any new members. They were ideal solution
Are they after a bylaw..? Sounds a bit strange if you are just getting some work done. I would expect more of a proposal so the council of owners can consider.
thats what i thought. But if i can get hold of tempalte, i might as well submit it as wel. Cheapest i found was $299 by https://diybylaws.com.au/. But still seems an overkill for $200 worth of renos.
I doubt they want you to draft a by-law.
strata manager does which is very annoying.
What is the change you're seeking? It'd be cheaper to challenge the strata manager's assertion it needs a bylaw. As well as the solicitor review, you'll need to wait for an AGM or pay for an extraordinary meeting to push it through.
Having a new neighbour that was an ex-manager really helped call out the shenanigans the old strata company was pulling.
Yeah. I am trying that as well. However. i want to know economical solution if i need to draft by laws. Our meeting is upcoming and hence i don't want to waste the opportunity.
Just do the renovations.
What's the work you wish to perform?
install simple lattice which acts as privacy screen or vertical garden.
Just out it up. "It's easier to ask for forgiveness than permission". Also who the hell wants to live where you have to ask a commitee if you can put up a piece of lattice.
He is asking for forgiveness. Unless the strata manager is really good and does site visits, the only way they'd know is if a neighbour told them. My guess is someone was pissed off by the size of it and told the strata manager. It's actually 2 by-laws that need to be negotiated around - things visible from outside the lot not in keeping with appearance, arguable that there's other lots with screens
- drilled and attached things to common property
I'd check that your neighbours will agree to pass a motion allowing you to keep this before doing anything else
Additionally, does anyone know answer to question to this:
"When building was delivered by developer, some of the units have installed privacy screen or screwed plant potters on common wall in their balcony. So, can argument be raised that they are in violation for By-Laws and they need to have the By Laws updated as well or would you expect developer to cater for it?"
Are you in NSW as stated in your profile?
Do your current bylaws have anything similar to this:
12 Appearance of lot
(1) The owner or occupier of a lot must not, without the prior written approval of the owners corporation, maintain within the lot anything visible from outside the lot that, viewed from outside the lot, is not in keeping with the rest of the building.
(2) This by-law does not apply to the hanging of any clothing, towel, bedding or other article of a similar type in accordance with by-law 14.
You really need to go check what your bylaws state, as most don't use the standard ones; however, they will be similar.
If the above applies, then you can get them to remove it through a motion via your strata.
Thanks. That is helpful. This is in my by-laws:
19(1) The owner or occupier of a lot must not, except with the prior written approval
of the owners corporation, maintain within the lot anything visible from outside
the lot that, viewed from outside the lot, is not in keeping with the rest of the
building.
19(2) This by-law does not apply to the hanging of any washing, towel, bedding,
clothing or other article as referred to in By-law 10.
BY-LAW 10: HANGING OUT OF WASHING
10(1) An owner or occupier of a lot may hang any washing on any lines provided by
the owners corporation for that purpose. Such washing may only by hung for
a reasonable period.
10(2) An owner or occupier of a lot may hang washing on any part of the lot
provided that the washing will not be visible from street level outside the
parcel.
10(3) An owner or occupier of a lot may hang washing on any part of the lot that will
be visible from street level outside the parcel only if the owner or occupier has
the prior written approval of the owners corporation.
10(4) In this clause:
Washing includes any clothing, towel, bedding or other article of a similar
type.
You don't need a By law you need to put a motion to the Committee of the Owners Corporation to approve your individual request. Your By law states " except with the prior written approval of the owners corporation". You would need to show what you details of what you want to install, where on the property, size etc and I would use the other units having similar things installed by the developer as proof it is a "reasonable" request. If they don't approve you can probably put a motion to all owners at the AGM where they will vote on approving your proposal. I am in QLD so the regulations would be different but Changing a by law is a big deal up here and it requires a new "Community Management Statement" be officially "registered" and this only happens after a solicitor drafts the By law change and the owners vote if they want that change. This is usually only done by the Committee (owners corporation). In NSW you can ring the Dept. Responsible for strata living and get their advice for free. I think it may be a section within Dept of Fair Trading. I think your Starta Manager is leading. You astray and you need to get correct information so you don't waste needless time, effort and energy. Good luck.
I'm trying to work out why you need to draft a by-law and whether it affects the others units.
There are the model bylaws in the statutes which might give you some ideas of the standard required. If you want to go down the route of just changing the by-laws to allow you to change the appearance of your own personal lot; that might be an uphill battle if others don't agree.
If you want to do something on your individual lot that doesn't benefit the other lots then you might need an easement. I've seen some people put easements benefiting a specific lot burdened against the other lots to allow you to hang washing; but you'll need to compensate the other units.
Thanks a lot. I wasn't aware. I think they are being unreasonable. See my report above for what's in my by-laws.
So, in terms of appearance, i am indeed appying for corporation's approval which makes sense.
So, in terms of screwing the lattice to the balcony wall, they classifying that as MAJOR renovations. It seems like an overkill for this. Perhaps i just need to secure it without touching the wall.
Yeah, I figured the only $200 reno to trigger this much work had to involve drilling into common walls.
My L shaped lattice was built into a pine frame and propped up against the balcony brickwork, no drilling required. I'm on a tablet so no MS Paint diagram available :(
If possible to get photos and diagram when you get a chance. This would be really helpful as I need to look for alternate solution anyways in terms of securing it.
If you just want approval, you basically write a letter and then the next time there is a strata meeting it will be raised and voted on.
Nothing special I would think. There is no guaranteed approval process.
Would love to know about Easement Benefit. I couldn't any templates for this.
Bylaws can be changed at any time by voting. Easement would be more permanent.
If enough of the new owners sometime in the future decide they don't want privacy screens on the building, then they could vote to disallow them and change the bylaws.
You write them with a lawyer.
Well, thats the issue. I don't want to pay $1,000-$2,000 for a lawyer for $200 job.
Is this lattice going to be attached to common property (i.e. an external wall)? If so, the OC will probably want a bylaw that passes all maintenance of the lattice onto the lot owner. This is so that in the future the maintenance/repair/replacement of the lattice doesn't become the responsibility of the OC.
After reading this thread I can't believe people on another thread say they would prefer to live in an apartment.
Yes, I did reconsider my answer that apartments don't have to be as bad as everyone makes it out to be.
I did solve OP's problems by:
1. Not drilling into the wall
2. Getting rid of the management company that made another owner get a special by-law specific to their lot
Yes indeed. Very helpful. Just few more questions to clarify as I am slightly puzzled on how yours is standing. But almost there. This is amazing! I'll adjust my proposal.
You still need a lawyer. Ring fair trading and ask
Bumping, i actually asked Fair Trading and they said that you can draft the by-law yourself.
Anyone has can example of any by-laws they have written before? I really don't want to pay for simple items. I checked with agent and their concern is around the ongoing maintenance as it is common property.
You can draft the by-law yourself, but the OC will probably want it checked by their solicitor (at your expense) to ensure that it is correct and actually provides the OC with the protection they want.
Can you look at the existing by-laws for your complex to get an idea of the correct wording?
Yeah thanks. That is what i was thinking. To check existing ones and reword it
Try https://yourstrataproperty.com.au/by-law-templates/ for templates. Have to be a member but it's only $39/month. Only need 1 months to get the templates. These may be useful. Certainly worth your while investigating them.
Note that you can write a by-law yourself, but the OC will want it checked by their solicitor (at your expense).