Works by Owners
What are the correct forms of approval for works by owners and the use of those works?
Some options to consider in strata schemes:
- By-laws under section 52 of the Strata Schemes Management Act 1996 (“the Act”) – conferring rights or privileges
- By-laws under section 47 – control, management, administration, use or enjoyment of the lots or the lots and common property
- Easements and covenants
- Leases and licenses
- Motions and/or by-laws under section 65A of the Act – changes to common property
- Motions under section 65B of the Act – granting licence to use common property
- Subdivision and transfer
Some important issues:
- Impact on the building, such as structural integrity
- Impact on other owners, such as noise and aesthetics
- Responsibility for maintenance and upkeep
- Responsibility for loss and damage
- Payment of compensation
- Consents required and from whom
- Payment of costs for the approval documentation and meetings
- Invalid approvals can cause significant problems leading to costly litigation
- Certification of the works
Key Points
Some key points:
- Owners should consider obtaining advice about the available options and the benefits, disadvantages and requirements of each.
- Owners corporations should consider advice about taking steps to protect themselves.
- Owners and owners corporations often have competing interests and the appropriate advice from the outset can often resolve disputes before they arise.
The information in this articles is correct as at 08/02/2010 and only some of the aspects to works by owners are dealt with here. There are many legal issues in each specific case and the complicated process of undertaking works generally. This document is not legal advice and you should seek legal advice regarding any of the issues referred to.
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