The new strata legislation (The Strata Schemes Management Act 2015) supposedly has made life easier for owners wanting to renovate their unit. The legislation guides owners into first determining is the renovation minor, cosmetic or major. Does approval need to be obtained (if at all), from a strata committee, in a general meeting and with an ordinary or special resolution and possibility requires a by law? Perhaps this new legislation does not make renovating easier but it provides some clear rules and guidelines. I wont go through them all, instead lead you directly to the correct section of the new legislation, so in short –
- Minor renovations, which is cosmetic work only where no approval is needed – look to Section 109.
- Other minor renovations, where an ordinary resolution is required at a general meeting – look to Section 28 and 110.
- Major renovations, where a by-law may be needed and special resolution required in a general meeting – look to Section 108 and 143.
My suggestions to getting a renovation approved quickly –
- Review the sections I have listed above and determine what type of renovation you have.
- Contact the strata manager to find out when the next general meeting is to be held.
- Ask your strata manager for a good solicitor to write you a by-law (Note: this is a personal cost).
- Prepare you motion and by-law for this meeting and send to your strata manager as soon as possible. (Note: meetings require plenty of notice to owners and tenants so don’t send your motion when you receive the meeting notice as it wont get listed).
- Need a general meeting to be held sooner, ask your strata manager to speak with the strata committee to agree to convene a general meeting asap and offer to personally pay the strata agency costs for dealing with this matter, sending notices, hosting this meeting, completing minutes, registering the by-law, etc.
- Ask your strata manager to send to the strata committee the by-law prior to sending out the notice for their feedback (You want to get this approved!)
Need a solicitor who specialises in strata or a by-law written? – Go to Bannermans Laywers
Want a great Strata Manager? – head to Strata Revolution’s website.
Michelle Russell – Managing Director
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