Question: Our renovation has been approved but we have been told to cease work until the bylaw has been registered. As approval has been granted, is it reasonable to withhold consent to commence?
We are looking to renovate our kitchen and bathroom. Strata has approved the renovation however the Strata Manager says we can’t start any work until the bylaw is registered. They state this could potentially take up to 3 weeks.
Given the works have been approved by the owners corporation and it will be the strata’s Solicitors attending to the registration process, is it reasonable to withhold consent to commence?
Answer: It is reasonable to demand that you wait until the by-law has been registered
A by-law has no force or effect until it is registered or recorded at the office of the Registrar-General (NSW Land Registry Services) on the common property certificate of title.
Therefore, yes, it is reasonable to demand that you wait until the by-law has been registered (presumably at your sole cost and expense), however, 3 weeks seems a bit of a long wait given that PEXA electronic registration takes 1 – 2 business days (once all the necessary documentation has been executed and lodged).
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