Exec committee not approving flooring underlay

Hi all,

Wanted your experience with dealing with Exec Committee when they do not approve your floating floorboard installation because the underlay does not meet their ridiculous criteria. I am using top of the range underlay which meets BCA standards.

The Bi-law for the complex just states that you need owners corp permission; however, there is this form you full out and submit to the strata management who then forward onto the Exec Committee. The form states that the IIC rating for the underlay must be 65. Does the form mean anything since it?s not in the By Law?

No one sells IIC 65 rated underlay and the only places that would use such material is in cinemas and this is commercial grade stuff which I have not yet looked into. It will cost triple if more than normal good stuff which is adequate. I feel thattheir criteria is unreasonable andthey have set the benchmark so high to elimnate anyone trying to put in floorboads.

I've got back to the Exec Committee stating that I have a new spec tested by the supplier and it is an IIC of 64. I also state that I am using 12mm boards which has its built in sound abort system and that the 12 mm thick boards are more solid than cheap 8mm boards.

If they come back with the majority vote saying no, should I take the Exec Committee to the tribunal.

A person at work said to just install them, the worst that can happen is a annual fine of 100 bucks a year.
 
Does the secretary of the BC live in the unit below? ;)

Having 8mm or thicker boards makes little difference as the material is solid and transfers the noise without loss. It is the level of noise and vibration insulation which counts.
 
Does the secretary of the BC live in the unit below?

Good question and I don't know; I think it maybe a rental property underneath because the balcony looks pretty plain. Usually if its owner occupied, the balcony would have plants, etc.

Am I in right to ask the Strata Manager the names and lot numbers of the committee or lot owners?
 
I want to tile my place but EC only allows carpet.

Last time I researched the "just install it and screw the EC" route it was quite clear to me that they can take you to tribunal and have you restore the floor to original state.

If it was only 100 bucks a year I would have done it by now, never read anything like that.
 
Laws and policies have become increasingly tighter - new floors are expected to comply with the highest standards.
My old parquetry floor on the top level has no underlay and really annoys the residents in the unit below. At the moment, if the floor is an original, you don't have to change it. Won't be long until I'm going to have to rip it up and put down a good underlay with a good floating floor.
 
I want to tile my place but EC only allows carpet.

Last time I researched the "just install it and screw the EC" route it was quite clear to me that they can take you to tribunal and have you restore the floor to original state.

If it was only 100 bucks a year I would have done it by now, never read anything like that.

I think what happened was that they wentto the tribunal and got told to rip it up; they didn't which is why they get a 100 buck fine each each.
 
Laws and policies have become increasingly tighter - new floors are expected to comply with the highest standards.
My old parquetry floor on the top level has no underlay and really annoys the residents in the unit below. At the moment, if the floor is an original, you don't have to change it. Won't be long until I'm going to have to rip it up and put down a good underlay with a good floating floor.

Understood but what if they were not resonable. I have rang around and there is no underlay better than what I am using. If I was to go to the extreme level, it would be commercial stuff which costs 3-4 times a sqm and I don't think anyone in the complex has gone to this level. Even the building amnager says that others have used what your using. The difference here is that maybe previous owners didn't disclose the underlay specs where as I did.
 
The dispute resolution/tribunal process in NSW might be the next necessary step I'm afraid.

If the Committee has not approved the works, and is aware that you plan on doing them, then going ahead without approval is a bad idea. The $100 fine sounds like a fantasy, in QLD you would be taken to the Magistrates Court and ordered to alter to flooring to as to comply with the approval, as long as the approval was upheld. I don't imagine that NSW is any less serious about that type of offence.

Your best shot is appealing the Committee's decision on the basis that the test used to accept/reject applications is unreasonably restrictive. You would need evidence to substantiate this claim, and the BCA might do the trick.

Committee decisions are appealed all the time, and the Strata Manager will be able to point you in the right direction.

Good luck, Matt.
 
Would you not have to comply with the STC (sound transmission class) stated in the BCA? Anything above that may be unreasonable.

Understood and yes it exceeds BCA standards. BCA also does not go into IIC so this is a grey area. Also, the by-law doesn't mention the IIC, it just mentions EC approval so is there a case for me if it's not in the actual By-law?
 
The dispute resolution/tribunal process in NSW might be the next necessary step I'm afraid.

If the Committee has not approved the works, and is aware that you plan on doing them, then going ahead without approval is a bad idea. The $100 fine sounds like a fantasy, in QLD you would be taken to the Magistrates Court and ordered to alter to flooring to as to comply with the approval, as long as the approval was upheld. I don't imagine that NSW is any less serious about that type of offence.

Your best shot is appealing the Committee's decision on the basis that the test used to accept/reject applications is unreasonably restrictive. You would need evidence to substantiate this claim, and the BCA might do the trick.

Committee decisions are appealed all the time, and the Strata Manager will be able to point you in the right direction.

Good luck, Matt.

I'm going to sound dumb asking this but what do you mean by appealed? Do you mean owners take the EC to tribunal and win? If I went down thsi path, how lomg will I be waiting for a hearing date to be set?
 
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