These lot owners are concerned about installing floorboards in strata units in Canberra. Is this allowed?
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Question: Would removing carpet and/or ceramic tiles and installing a floating timber/laminate floor be considered an alteration or an addition? I would think the carpet is “affixed”, as would the trim securing the floor.
Answer: Owners corporation approval is not required for the installation of floating timber/laminate flooring.
In accordance with NOLAN & ANOR v OWNERS UNITS CORPORATION NO 369 (2014), The Tribunal determined that the removal of carpets and the installation of a floating bamboo floor is not an erection or alteration to the structure as provided in default rule 4(i)(a) in Schedule 4 of the Unit Titles (Management) Act 2011, and the removal and installation does not require the approval of the owners corporation where the flooring is not nailed or glued to the concrete slab.
Notwithstanding, the Default Rules still apply insofar as a unit owner must not use the unit, or permit it to be used, in a way that causes a nuisance or substantial annoyance to an owner, occupier or user of another unit.
So whilst owners corporation approval is not required for the installation of floating timber/laminate flooring, there remains an obligation to ensure that the alteration does not cause a nuisance or substantial annoyance to another unit.
In the event that another unit owner or occupier is adversely affected as a result of the alteration, an application may be made to ACAT (by the affected party) seeking an order to cease creating a nuisance or substantial annoyance, which may result in an order to reinstate original flooring.
Nina Cannell Signature Strata E: nina@signaturestrata.com.au P: 02 6185 0347
This post appears in Strata News #451.
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This article is not intended to be personal advice and you should not rely on it as a substitute for any form of advice.
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