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:
  1. Owners should consider obtaining advice about the available options and the benefits, disadvantages and requirements of each.
  1. Owners corporations should consider advice about taking steps to protect themselves.
  1. Owners and owners corporations often have competing interests and the appropriate advice from the outset can often resolve disputes before they arise.

 

***The information contained in this article is general information only and not legal advice. The currency, accuracy and completeness of this article (and its contents) should be checked by obtaining independent legal advice before you take any action or otherwise rely upon its contents in any way.

 

Prepared by Bannermans Lawyers

8 February 2010

Printable format click here

For more information on this topic or any legal enquiries please contact your Strata Team.

 

 

Quick Contact US