Question: For the past 10 years, I have been sticking down loose and drumming tiles in my bathroom. I now feel the time has come to renovate my bathroom, laundry and toilet which all have damaged and or broken tiles. Should the body corporate pay for the removal of the old tiles and waterproof and…
Question: We discovered a leak in the ceiling of our newly renovated bathroom. Strata will fix but will cover the repair hole with a vent. We’d like it returned to the condition it was in prior to the leak. I recently noticed a drip through a light fitting in my main bathroom. We completely renovated…
Question: I’m concerned about the correct process of strata approval for renovations in our scheme. Renovations involving waterproofing isn’t being considered a major work under the new legislation, and therefore not being considered by the Owners Corporation as a special resolution. I’m a member of a Strata Committee in an apartment complex which was registered…
Question: Our hardwood floors have suffered major water damage due to common property defects. Should the Body corporate reimburse out of pocket expenses for accommodation and food while we vacate the property for repairs? Answer: The accommodation should be recoverable, but it is unlikely that the costs of food etc would be reimbursed. If…
Question: Do I need strata approval for the renovations of my bathroom if I am simply replacing like for like and retiling over the existing floor tiles? Is this work considered a minor cosmetic renovation? Answer: It seems unlikely that your works could be carried out without any impact whatsoever on the existing waterproofing….
Question: Our air conditioner was installed incorrectly by the builder 5 years ago. Is the repair of the resulting leak part of the strata maintenance responsibilities? Answer: As it is likely not common property, you would need to repair it. Generally speaking and without knowing where the external unit is located, an air-conditioning unit…
Our CEO Leanne Habib sat down with the Sydney Morning Herald on Tuesday September 10th to talk about how to manage building defects as a property owner. A defect doesn’t have to spell disaster, many building defects can be rectified if the process is managed properly. ‘‘You don’t have to panic, but you do have…
Question: Our bathroom’s waterproofing membrane has failed and is causing damage to the lot below. Should the Owners Corporation be responsible for all repairs, as these are only needed due to common property defects? Answer: There is a very similar 1999 strata titles case. There is a 1999 case where water had leaked into…
Question: A single lot owner wants the owners corporation to install a stair lift for the use of her friends. It will not benefit any owner, will require ongoing maintenance and cause on obstruction. Answer: The Owners Corporation is entitled to object to such an installation provided they are reasonable. The Owners Corporation is…
Question: Due to a common property defect, my tiles were damaged in an area on my verandah. As the tiles could not be matched, the whole space must be retiled. Should the OC pay for all work? Answer: There is a strata titles case very similar to yours. There is a strata titles case…
Question: About a month ago the receiver for our automatic garage door openers on the undercover secure garage stopped working properly. While we wait for the repair of the receiver, is it permitted to lock out residents from their own garages? Answer: Permanent closure of the garage may be a violation of proprietary rights…
Question: We have recently renovated our kitchen without approval from the Owners Corporation. Will have to return the kitchen to the original condition or be fined? Answer: Transparency and pro-activeness is usually the best approach when something like renovations without approval occurs. Kitchen renovations (with works involving waterproofing) are “minor renovations” under the new…
Question: Water has been leaking from our front yard into the car park below for a few years without resolution. Must I use the strata’s expensive contractor for the basement waterproofing? How do I get the committee to act? Answer: You may get another quote from another contractor, however, make sure that the quote…
Question: Is the front door common property or the responsibility of the owner? Do lot owners need to seek permission to install deadlocks? Answer: Subject to any notations on the strata plan and applicable by-laws, a front entrance door is common property. As front doors are “fire-doors” for fire safety, the installation of additional…
Intercom Systems Question: Hi Leanne, I’m a regular reader of your weekly Strata News and I had a query for you: Does the Owners Corporation have an obligation to provide an Intercom system for the building that it supervises? Answer: We are pleased to hear that you are regular reader of our articles! While there is…
Question: The floor in a lot’s kitchen has to be repaired because of concrete cancer. The lot owner now wants the owners corporation to pay for a new kitchen. Answer: The Owners Corporation would need to address concrete cancer and then reinstate the kitchen with like for like. It sounds like the kitchen is…
Question: Water has been leaking from our front yard into the car park below for a few years without resolution. Must I use the strata’s expensive contractor for the basement waterproofing? How do I get the committee to act? Answer: You may get another quote from another contractor, however, make sure that the quote…
New Combustible Cladding Laws Introduced On the 22nd October 2018, new laws commence. These laws are the Environmental Planning and Assessment Amendment (Identification of Buildings with Combustible Cladding) Regulation 2018 and State Environmental Planning Policy Amendment (Exempt Development – Cladding and Decorative Work) 2018. Owners of certain buildings with external combustible cladding will now be required to register…
It’s the law! Owners Corporations are required by law to repair & maintain the common property. The new legislation allows individual lot owners to sue the Owners Corporation and recover any damages suffered by an owner as a result of the Owners Corporation’s failure to properly repair & maintain the common property. Preserving and…
Question: A noisy neighbour has replaced carpet with vinyl boards. This renovation was done without owners corporation approval. The increased noise transference permitted through the new vinyl flooring is unacceptable to neighbours who have complained accordingly. Answer: The Owners Corporation would need to show their reasonableness in refusing the floorboards for the benefit of…