NSW Strata Schemes Management Act 2015 - Applying for External Structures?

[jaengland]

Hello,

One of the lot owners in our block is seeking to make alterations to his lot under minor renovations. He plans to enclose his external outdoor covered space thereby extending his living space. He is making an application to the Owners Corporation for a new bylaw to give him permission. The application also includes erecting an external structure.

The Strata Scheme Management Act 2015 says external structures are not permitted. Does the Act take precedence over a bylaw or can he still apply to have an external structure? The unit next door has one but it was erected as part of the original building 8 years ago. if he is successful, does this new by law apply to all the lot owners? i.e. could they make similar renovations? Or does the by-law only apply to that lot?

I am also concerned that he was on the Strata Committee on 26 Oct and has not declared any conflict of interest with his application which is dated 8 November.

Thank you for any help.

 

[Clancy]

Without knowing for certain, may I suggest this...

What is interesting is you say one other unit has it as an original structure? That is kind of setting a precedent don't you think?

Maybe check the original building designs if there is allowance for it to be done on all the units or just that one?

 

[Survey Strata]

A Bylaw is a (Subordinate legislation) and cannot confer authority which the Substantive Act does not itself confer.

Ask the owners corporation in writing where does it state in the Act that this owner is entitled to carry out these renovations. The owners corporation cannot make a By law that is inconsistent with the Act.

It does seem strange that some other resident has the same external building incorporated when his property was built some 8 years previously. Most external building work needs planning or building consent from the local council.

If the external structure is on the approved plan then it could be built if they have the nescessary approvals but I believe that planning approvals lapse after a certain time frame they may well be different for different states so that is something you could check out for your state.