Reno Not Approved by Strata - Options?

Lpmdg744 on 01/03/2024 - 13:22
Last edited 01/03/2024 - 13:24

I live in a very NIMBY unit complex (even RE agents erecting posters would be complained about)

sure, why buy/live here…still a good suburb close to work and amenities/transport/etc

situation:

  1. My kitchen and bath is 80s era and planning renovation, no change to structure, no change to layout, no walls knocked down, etc Just old bathroom and kitchen replaced with new one..
  2. I had bylaw written by a law firm and submitted to OC, strata
  3. Waterproofing and other protections written into by-law
  4. OC engaged own law firm reviewed this and proposed minor changes. No other negative feedback
  5. Minor changes accepted and put in my final Bylaw doc

IF at agm or egm, motion is defeated by my Nimby neighbours (less than 75% approve), what would options be to get this overturned?

If voted against, it would seem unreasonably refused. BTW I can tell from photos other units had renos previously, and I'm seeking similar, nothing special. Not like I' building extra en suite and or adding extra toilet or anything.

NSW Fair Trading Mediation seems to be a mandatory step pre-NCAT.

Can the Fair Trading Mediation over-rule the defeated motion?

Home & Garden

Comments

  • Duckie2hh on 01/03/2024 - 13:27
    +1

    Can the Fair Trading Mediation over-rule the defeated motion?

    Well its a "mediation" so…. it is dependent on what you and OC agrees on. Otherwise NCAT will over-rule the motion.

    • HeWhoKnows on 02/03/2024 - 13:02
      +1

      OP should just wait for the meeting.
      Seems OP have ticked all the boxes hence no reason to be defeated.
      Thats all the other owners would be concerned about.
      The Strata manager would hence be supportive of the motion (so providing guidance to the other owners)
      Fretting over nothing really.

  • Duckie2hh on 01/03/2024 - 13:28

    My kitchen and bath is 80s era and planning renovation, no change to structure, no change to layout, no walls knocked down, etc Just old bathroom and kitchen replaced with new one..

    Do you have to seek OC approval for works within the internal walls of your property?

    • pmdg744 on 01/03/2024 - 13:29

      Yes…as it involves bathroom and requires waterproofing. Needs to go to AGM or EGM, where 75% of votes approving are needed..

      • Duckie2hh on 01/03/2024 - 13:32

        Bugger. good luck OP.

      • swiggity123 on 01/03/2024 - 14:06
        +1

        Yes but how about the kitchen? Are you changing the plumbing in the kitchen?

        Renovating a kitchen is pretty much no different than installing a wardrobe. If its all cabinetry work then seriously what's the difference.

        We have a by law in our building that kitchen renos come under minor renovation and just need approval from the secretary. However people just do em anyway cause seriously who cares.

        For bathroom - yes 100% you need strata approval. Its all waterproofing - it all needs to be done properly because you will have people knocking on your door if its done incorrectly and your neighbors start noticing water puddles on their ceilings etc…

        • pmdg744 on 01/03/2024 - 14:11

          No, no change to plumbing or wiring or walls

          my main concern is nimby neighbours who hate any noise as we are in an affluent suburb and may vote down anything

          hopefully doesnt come to that

          • swiggity123 on 01/03/2024 - 14:16
            +2

            @pmdg744: Do your nimby neighbors have a 9-5 job and just do the reno work then?

            Lol I'm not going to recommend this as bribery but when I redid my ceiling and created a false ceiling they had to drill about 20 hooks into the ceiling. Just gave my neighbor upstairs a $200 gift card for troubles and were happy with that. They were also the secretary….so bribery? Maybe

          • Jenus on 02/03/2024 - 09:25
            -1

            @pmdg744: I've seen affluent suburbs where people are reasonable enough to not kick up a fuss at every single crap.

            Your suburb may be affluent, but the greater distinction is that it's filled with Karens.

  • c64 on 01/03/2024 - 13:30
    +9

    why worry about it until if it actually happens?

    • CodeXD on 01/03/2024 - 13:49
      +3

      Came here to ask this too.

      If they don't approve it, they will also need to provide reasonable justification. Since other units have been approved previously I wouldn't worry too much.

  • onetwothreefour on 01/03/2024 - 13:31

    Have other neighbours been through the same process and how did it work for them?

    • pmdg744 on 01/03/2024 - 13:35

      Same process - bylaw- OC law firm review - vote at GM

      There's a chance mine could be voted against as. Not that I've done anything bad… there's a chance they're just sick of having to put up with a reno year after year…

      • Settero on 01/03/2024 - 13:47

        you do understand that this is a basic requirement to make sure you arnt doing unlicensed work and that they know who the builder is that they are insured and what you are doing right ?

        • pmdg744 on 01/03/2024 - 13:49

          Yes fully qualified and insured. I'm doing all the due process, will provide the guarantees/warranties/certificates etc.

          • ColtNoir on 02/03/2024 - 09:21

            @pmdg744: You’ve done due diligence. If they want to argue, I’d be questioning why they want to spent strata money on it.

  • jv on 01/03/2024 - 13:35

    Try this…

    • pmdg744 on 01/03/2024 - 13:36

      if only ahaha

  • djones145 on 01/03/2024 - 13:42
    +4

    few things to do
    - find neighbours would prevoiusly done it, ask for their support aince they have done something similar.
    - attend strata meeting and figure out who the trouble makers are, try to butter them up
    - join the strata! but up new buy laws allowing for it

  • rambao9 on 01/03/2024 - 13:43
    +7

    I don't think they can unreasonably refuse internal reno works and every competent strata manager knows this.

    If they do, you'll just have to take it to NCAT and have it overturned - a pain but it is what it is

    • Devastator0 on 01/03/2024 - 13:58
      +1

      Yeah +1 to this, internal reno works aren't generally within scope for Strata. They generally, unless there is a specific bylaw stipulating it, only have concerns about stuff that impacts common property.

      • brad1-8tsi on 04/03/2024 - 07:58

        Strata's main concern is waterproofing.

        If an original built bathroom abuts common property or a party wall then that is a strata issue. Once the bathroom is renovated the waterproofing is then the responsibility of the owner. Therefore it's in strata's interests to ensure that the waterproofing is done properly, a waterproofing certificate is issued and transfer of responsibility is recorded.

        There are a range of changes that can occur during building works that don't appear to be strata's purview but definitely are.

        I knew I had to do my bathrooms and kitchen eventually and made sure I got active on the strata committee when I moved in 5 years ago so there would be minimal chance of objections. I'm now President & Treasurer and have saved the strata thousands of dollars by calling out overpriced quotes or doing small jobs for free that a handyman would charge hundreds for (and I make sure the residents know it).

        In a good block you can get almost anything done. I've lifted the roof on a storage room to make a 4th bedroom ($75k and 7 months as a building site), added 5.4kW solar, added awnings above my door and balcony and about to do the bathrooms & kitchen. I've also had the strata pay for my balcony waterproofing.

  • brendanm on 01/03/2024 - 15:05
    +2

    Sell the apartment and buy a house where you can do whatever you like.

  • JIMB0 on 01/03/2024 - 15:53
    -1

    Should have just done it and told them you were doing other renovations that don't require approval.

  • dasher86 on 01/03/2024 - 15:58

    Just set a small fire in the kitchen that is going to require repairs.
    It's going to be demolished anyway.
    While you're repairing your kitchen do the bathroom as well.

  • Dollar General on 01/03/2024 - 16:07

    If it gets knocked backed just create problems for everyone. Squeaky wheel always gets the oil

  • AndyC1 on 01/03/2024 - 16:34

    NSW strata rules allow a bunch of changes without needing the OC to approve. Did you speak with NSW Dept fair trading before you spoke to the lawyer as strata by laws cannot overrule the NSW laws?

  • brad1-8tsi on 01/03/2024 - 17:34
    +1

    So you haven't a problem yet?

    Have you sounded out the committee yet? Spoken to owners?

  • Jenus on 02/03/2024 - 09:27
    +2

    I'm sure your bath is leaking and neither the OC, nor any resident, can unreasonably deny works that prevent further structural damage.

  • xylarr on 02/03/2024 - 11:13

    You've done it all the right way - especially the bylaw to bind you and future owners to maintain the bathroom waterproofing.

    Just make sure with your strata manager that the motion for the bylaw you have drafted is on the agenda for the general meeting.

    Then the rest may be politics. I think you're probably worrying too much about things. I've been on various strata committees and done the very thing you're proposing. No-one really wants to lift a finger, so provided you've done all the admin work, it'll likely get waved through.

    One option you could do get proxies for people who don't want to attend. That could give your vote more power, but it's probably going overboard.

  • ForkSnorter on 04/03/2024 - 07:59
    +1

    I owned an apartment once. Never, ever going to own one again. It is almost like a bad dream. The long list of things you have to put up with from your neighbours and body corporate, while simultaneously, the long list of things you can't do yourself… you couldn't make it up.

    And keep in mind, a large portion of the body corporate/strata fees you pay are going to a company that does little more than have meetings now and then, reply to emails, and impose regulations. Most of the time you can't even reach them by phone. And they usually have a ridiculously large executive management team, wealthy, happy looking chaps with overstuffed titles like chief…officer. It's even worse if you live in a big apartment building and they only have a limited number of positions available in the body corporate committee, so you literally have 0% say in what happens in your building. Not 1% or 2%. Zero %.

    May as well just rent. At least then you don't have the anxiety that your wealth will be destroyed by dodgy building construction or careless neighbours or Body Corporate jacking up the fees.

  • foolsgold on 04/03/2024 - 15:30
    +1

    sounds like a nightmare, build and ask for forgiveness later.
    Water proof over the existing wet area therefore your not modifying the existing waterproofing.

  • AS2035 on 06/03/2024 - 21:15

    Fair trading

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