Question: My apartment is west facing and the balcony and bedrooms are almost unliveable in Summer. My Strata Committee has declined my request to approve outside awnings without giving reasons. What redress do I have please?
Answer: Because the awning will be affixed to the exterior of the building and because the awnings will change the external appearance of your lot – you will need a by-law.
Did you submit a by-law for consideration? Because the awning will be affixed to the exterior of the building and because the awnings will change the external appearance of your lot – you will need a by-law.
Further, the Owners Corporation may not unreasonably refuse your by-law for awnings. It must consider your application on its merits and generally assign reasons for any refusal.
If the Owners Corporation does refuse your by-law and you consider that they acted unreasonably, you may make application to NCAT for the making of the by-law (thereby permitting your works) after you have attempted mediation first.
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Please note that this article is provided for information purposes only and is not a substitute for professional legal advice.