Hi guys
I was hoping for some advice from the gurus with legal knowledge / experience on Body corporate dealings.
1. Can the Exec Commitee of the owners committee approve our request subject to our settlement?
2. Does this need to go to an Annual General meeting or is EC meeting sufficient.
3. Why does a “By Law” for our unit need to be put in place? From memory of the Strata report there are currently no special By-laws and at least 1 other Unit has had wooden floors already installed. Is a By-law needed for the removal of the internal walls?
4. Are we able to legally commence the renovation without owners corporation approval, either commencing the wooden floors, the internal walls, or both?
5. If we went ahead without their approval and then they met and decided that we couldn’t go ahead (not sure of what justified reason they would have?), do they have legal powers to force us to remove the wooden floors and re-instate the walls etc?
6. Is there anything in the standard By-laws that are preventing us from commencing this straight away as long as the floors comply with the BCA and the removal of internal walls complies with the design specification of the Structural engineer ?
Many thanks
I was hoping for some advice from the gurus with legal knowledge / experience on Body corporate dealings.
· We have purchased our first PPOR and wish to remove internal walls and install floating floors into our apartment.The unit is in NSW
· We have had a structural engineer provide a design certificate for the removal of internal walls
· We have proposed acoustic underlay for the floating floors which will comply with the BCA requirement for internal noise transfer thru the floors.
· We have written a letter asking the owners corporation to consider and approve our proposal in their scheduled Executive committee meeting today (17th June), settlement is tommorrow 18th June.
· We were hoping they could discuss and decide on this today so that we can begin the renovations as soon as we settle (ie tommorrow).
· If this decision is delayed then we will incur unnecessary additional costs as we will have to pay both mortgage for the PPOR and rent where we are currently, as we will be unable to move in until the renovations are complete. The approval at the general meeting could take weeks and weeks and would really stuff us up as we cannot order the kitchen etc until we know that the internal walls will not be there
· The strata managing agent has said that they wont even CONSIDER the proposal until they have been advised that we are the owners (ie after settlement). We have requested that they consider our request and provide approval subject to settlement so that we can commence renovations immediately.
· Strata managing agent has also stated that a general meeting will need to take place and then a By law for our unit will need to be written in.
· We have noted in our letter to the body corporate that there are other apartments which have wooden floors already installed and as far as we are aware these are not causing any issues.
Questions· We have had a structural engineer provide a design certificate for the removal of internal walls
· We have proposed acoustic underlay for the floating floors which will comply with the BCA requirement for internal noise transfer thru the floors.
· We have written a letter asking the owners corporation to consider and approve our proposal in their scheduled Executive committee meeting today (17th June), settlement is tommorrow 18th June.
· We were hoping they could discuss and decide on this today so that we can begin the renovations as soon as we settle (ie tommorrow).
· If this decision is delayed then we will incur unnecessary additional costs as we will have to pay both mortgage for the PPOR and rent where we are currently, as we will be unable to move in until the renovations are complete. The approval at the general meeting could take weeks and weeks and would really stuff us up as we cannot order the kitchen etc until we know that the internal walls will not be there
· The strata managing agent has said that they wont even CONSIDER the proposal until they have been advised that we are the owners (ie after settlement). We have requested that they consider our request and provide approval subject to settlement so that we can commence renovations immediately.
· Strata managing agent has also stated that a general meeting will need to take place and then a By law for our unit will need to be written in.
· We have noted in our letter to the body corporate that there are other apartments which have wooden floors already installed and as far as we are aware these are not causing any issues.
1. Can the Exec Commitee of the owners committee approve our request subject to our settlement?
2. Does this need to go to an Annual General meeting or is EC meeting sufficient.
3. Why does a “By Law” for our unit need to be put in place? From memory of the Strata report there are currently no special By-laws and at least 1 other Unit has had wooden floors already installed. Is a By-law needed for the removal of the internal walls?
4. Are we able to legally commence the renovation without owners corporation approval, either commencing the wooden floors, the internal walls, or both?
5. If we went ahead without their approval and then they met and decided that we couldn’t go ahead (not sure of what justified reason they would have?), do they have legal powers to force us to remove the wooden floors and re-instate the walls etc?
6. Is there anything in the standard By-laws that are preventing us from commencing this straight away as long as the floors comply with the BCA and the removal of internal walls complies with the design specification of the Structural engineer ?
Many thanks