A lot owner from NSW is wondering if approval is needed to change the colour of their painted courtyard walls and essentially, their building appearance. When you are applying for approval for renovations to your apartment, you need to consider whether the work will change the external appearance of the building. This may affect your ability to carry out the work.
Table of Contents:
- QUESTION: Our neighbour is complaining about an umbrella we have in our backyard. The umbrella is freestanding and doesn’t require any bolts, etc. It doesn’t touch or overhang the fence or block any view. Does the neighbour have a right to complain?
- QUESTION: Do I need strata permission to install a cantilever umbrella in my courtyard garden? It is not on or near common property and not attached to any walls.
- QUESTION: Our owners corporation insists our new bi-fold doors are painted the colour of the windows. Our neighbours have bi-fold doors that are not painted the colour of the windows. This seems unfair. Can we refuse to comply?
- QUESTION: We are lot owners in a NSW strata building. To provide privacy and protect against strong sun, we’d like to put tinting on our windows. Do we need approval before proceeding?
- QUESTION: Should our owners corporation approve the installation of child safety netting on our balcony? They have declined the application as the safety netting does not fit the appearance of the building.
- QUESTION: We’ve requested approval to install a cat net over our covered balcony. The request has been denied and little reason given although other balconies have bamboo screening and awnings installed. What do we do now?
- QUESTION: What form needs to be filled out to permit balcony decorations such as an ivy trellis?
- QUESTION: We would like to replace vertical blinds with plantation shutters. Do we need to ask for approval from our owners corporation?
- QUESTION: A lot owner in our townhouse development has a yard space that is their exclusive use. If not maintained, is this space the responsibility of the owners corporation or Owner?
- QUESTION: Our Strata manager demands we remove vines from our lot because they are changing the appearance of our complex.
- QUESTION: In a duplex, can I repaint my window trim to a complimentary colour without approval?
- QUESTION: I’d like to install a glass sliding door at the rear of my unit. As the door opens into a courtyard and does not changing the appearance of the lot, do I still need a new bylaw and special resolution?
- QUESTION: Will replacing my current window with a soundproof window change the appearance of the lot? Will I need approval for this improvement?
- QUESTION: An owner would like to upgrade an existing unapproved screen door. The Owners Corporation has refused the request, but the owner insists on the replacement.
- QUESTION: We would like to cover a window to stop excess light and also replace blinds with curtains on other windows, but the owners corporation will not grant us approval. Is this reasonable?
- QUESTION: I have an apartment with a balcony in NSW and can I put artificial hedge roll on my pole for decoration?
- QUESTION: I would like to change the colour of my painted courtyard walls. As the walls are impossible to see from the street and won’t change the building appearance, is approval from the body corporate required?
Question: Our neighbour is complaining about an umbrella we have in our backyard. The umbrella is freestanding and doesn’t require any bolts, etc. It doesn’t touch or overhang the fence or block any view. Does the neighbour have a right to complain?
Answer: If the umbrella is visible from the street, there could be an argument that it can change the appearance or detract from the property.
You need to review both your strata plan and your by-laws to determine if you are able to have this umbrella in your rear courtyard. I would recommend looking at the “Stratum” of your lot. This will show the depth and height you own.
If the umbrella remains wholly within this space, review the by-laws. Is there an appearance of lot by-law? If so, you need to determine if this umbrella detracts from the appearance of the lot. If the umbrella is visible from the street, there could be an argument that it can change the appearance or detract from the property. However, if the umbrella is not visible from the street and is fully within the stratum outlined in your strata plan, I believe you don’t have anything to worry about.
Nathan Clarke
Hunter Strata Management
E: nathanclarke@hunterstrata.net.au
P: 02 4934 2022
This post appears in Strata News #699.
Question: Do I need strata permission to install a cantilever umbrella in my courtyard garden? It is not on or near common property and not attached to any walls.
Answer: We recommend you seek approval.
Even though your umbrella is freestanding (and you are not carrying out any works per se), it may not be in keeping with the appearance of the building and the standard by-law which applies to many schemes states:
17 Appearance of lot
- The owner or occupier of a lot must not, without the written consent of the owners corporation, maintain within the lot anything visible from outside the lot that, viewed from outside the lot, is not in keeping with the rest of the building.
- This by-law does not apply to the hanging of any washing, towel, bedding, clothing or other article as referred to in by-law 10.
We therefore recommend you seek approval from your strata managing agent/owners corporation to avoid any issues.
Leanne Habib
Premium Strata
E: info@premiumstrata.com.au
P: 02 9281 6440
This post appears in the May 2024 edition of The NSW Strata Magazine.
Question: Our owners corporation insists our new bi-fold doors are painted the colour of the windows. Our neighbours have bi-fold doors that are not painted the colour of the windows. This seems unfair. Can we refuse to comply?
Answer: Uniformity and keeping with the appearance of the building is standard across strata. Therefore, the colour differential is unusual.
It is unclear whether bi-fold doors are original installations in your scheme or whether you and your neighbour have new installations, and, therefore we cannot determine what types of approvals you may or may not have required.
Generally speaking, uniformity and keeping with the appearance of the building is standard across strata. Therefore, the colour differential is unusual.
Check the type of approval you received (if any). This will likely determine the colour permitted and the by-laws applicable to your scheme.
You will need to seek legal advice on the consequences of refusing to comply because while the legal grounds for you being treated differently from your neighbour are unclear, the owners corporation may proceed to issue a notice to comply (which may attract fines) and potentially escalate the matter to NCAT.
Leanne Habib
Premium Strata
E: info@premiumstrata.com.au
P: 02 9281 6440
This post appears in Strata News #671.
Question: We are lot owners in a NSW strata building. To provide privacy and protect against strong sun, we’d like to put tinting on our windows. Do we need approval before proceeding?
Answer: This is an unusual request and will set a design precedent for similar installations, so the strata committee may want to review in detail.
I suggest you apply to your strata scheme for approval for the tinting. In the application, listing the specifications and details of the installation including the product, tint level, contractor details and the contractor’s insurance details for review.
I do note that anything that changes the appearance of the strata scheme will need to be voted on by the strata scheme, most likely the strata committee, in this instance.
Tinting is quite an unusual request and will set a design precedent for similar installations. Due to this, the strata committee may want the opportunity to review this request in detail. They may suggest you install neutral coloured block out blinds instead. As a strata manager, I would suggest this option.
Rod Smith
The Strata Collective
E: rsmith@thestratacollective.com.au
P: 02 9879 3547
This post appears in Strata News #642.
Question: Should our owners corporation approve the installation of child safety netting on our balcony? They have declined the application as the safety netting does not fit the appearance of the building.
Should our committee approval the installation of child safety netting on our balcony?
Our strata by-laws indicate that the OC cannot prevent us from the installation of safety screens, but when we asked our strata management we were denied carrying out the work because it doesn’t fit the aesthetics of the building. We’ve been told the work can only proceed if approved by a special resolution at a general meeting and we have to pay for a lawyer to draw up and register a new by-law covering the maintenance of the common property. We’ve been told this can be very costly.
I’m confused. I thought that NSW Fair Trading had declared that child safety netting fell under the category of child safety devices and that owners no longer need permission from the OC to install a child safety device.
Answer: The best thing for you to do is to understand the by-laws in force at your building.
Your question relates to the interpretation of one, or a couple, of the registered by-laws.
It appears that there is a by-law in force for your building that permits the installation of safety screens (which I assume is to prevent harm to children) however either the same by-law, or one of the other by-laws, restricts the type of device which may be installed to a device that has an appearance which is in keeping with the rest of the building.
For example, model by-law 2 (as prescribed in Schedule 3 of the Strata Schemes Management Regulation 2016) provides that “Any such locking or safety device, screen, other device or structure must be installed in a competent and proper manner and must have an appearance, after it has been installed, in keeping with the appearance of the rest of the building.”
Based upon your email, it appears that the strata manager is not denying you the authorisation to install a safety device as such, but is concerned that the particular device you wish to install does not keep within the appearance of the rest of the building. Pursuant to the wording of model by-law 2 (assuming the by-laws in your building are the same, or similar, as model by-law 2) the strata manager may potentially have a valid concern.
Before you progress the matter further, it would be best for you to review the registered by-laws and make enquiries with the strata manager in relation to the specific by-law being relied upon and the specific reasons the safety device cannot be installed. It would be best to do this in writing. You will then need to evaluate whether your safety device satisfies the wording of the by-law and is in keeping within the appearance of the rest of the building.
You may wish to make enquires with suppliers or designers to inspect the building and provide you with recommendations as to the types of devices available to resolve the safety issues and the devices which they consider are most in keeping with your building.
In relation to the strata manager advising that you will be required to maintain the device, this is also a requirement of model by-law 2. Model by-law 2 states you must “maintain and keep in a state of good and serviceable repair any installation or structure referred to in clause (1) that forms part of the common property and that services the lot”.
In relation to your question regarding whether you have permission to install the safety device, again you need to review the wording of the registered by-laws for your building very carefully. For example, model by-law 2 states certain devices may be installed “without the consent of the owners corporation”.
There may be provisions in the Strata Schemes Management Act 2015 that apply, however, this will depend upon matters such as the type of device you are installing, how it will be installed and where it will be installed.
Please note that I have assumed the by-laws registered for your building have the same wording as model by-law 2 in Schedule 3 of the Strata Schemes Management Regulation 2016. You should not make this assumption. You must consider the wording of the by-laws registered for your building.
In summary, I think the best thing for you to do is to understand the by-laws in force at your building, enquire with the strata manager in relation to the by-law which may impact upon you installing your preferred device, try to resolve the issue with the strata manager (for example, by sourcing an alternative device which resolves safety issues and is most in keeping with the building). If you are unable to resolve the matter with the strata manager or strata committee, you should obtain legal advice.
Shane Williamson
Williamson Lawyers Pty Ltd
E: shane@williamsonlawyers.com.au
P: 0404 045 605
This post appears in Strata News #622.
Question: We’ve requested approval to install a cat net over our covered balcony. The request has been denied and little reason given although other balconies have bamboo screening and awnings installed. What do we do now?
We’ve requested approval to install a cat net over our covered balcony. The balcony faces into a common area courtyard and is set low so only about 7-8 other apartments in the complex look into this area.
Our request has been declined on the basis that there are no other cat nets in the building. No other reason for the refusal has been given.
We have asked if other units will have to remove their bamboo screening, awning tarps, and mismatched security screen doors but have been ignored. As the appearance of lot seems to be the concern, we also asked if people would have to stop storing items in the car space which our previous tenant was breached for but has now become commonplace.
We provided photos of netting that is visible from several buildings close by in support and said we were amenable to any reasonable conditions placed upon us.
Should we seek legal advice. We’ve asked them to reconsider but the committee replied with a “no” within a matter of hours.
Answer: It is important for you to clearly understand all of the reasons the cat netting will not be approved so that you may assess your position and respond accordingly.
You are on the right track in making the observation that the appearance of the lot is one of the primary issues in this dispute, however, it is best not to assume that it will be the only issue. It is important for you to clearly understand all of the reasons the cat netting will not be approved so that you may assess your position and respond accordingly. It is also important for you to understand the legal provisions which determine when authorisation is required and how authorisation is obtained.
The model by-laws in Schedule 3 of the Strata Schemes Management Regulations 2016 include the following by-law and for the purpose of responding to your question I assume your scheme has the following by-law in force:
12 Appearance of lot
- The owner or occupier of a lot must not, without the prior written approval of the owners corporation, maintain within the lot anything visible from outside the lot that, viewed from outside the lot, is not in keeping with the rest of the building.
- (This by-law does not apply to the hanging of any clothing, towel, bedding or other article of a similar type in accordance with by-law 14.
Additionally, if the cat netting will be affixed to the common property (for example, anchored into the balustrade and/or the soffit) the work cannot be undertaken as cosmetic work or minor renovations because it appears that the work will change the external appearance of your lot. Any work to the common property will need to be approved by the owners corporation. Section 108 to section 111 of the Strata Schemes Management Act 2015 set out the relevant provisions in relation to this. These provisions apply to your cat netting as well as the bamboo screen and the awning.
Following is a link to the Strata Schemes Management Act 2015: NSW Legislation: Strata Schemes Management Act 2015 No 50
The first step is to obtain a copy of the registered by-laws, review the by-laws carefully for any by-law which may in any way prohibit the installation of the cat netting or may prohibit or authorise items and fixtures on the balconies, such as bamboo screens and awnings.
You should obtain copies of the minutes of general meetings extending back to the time before to the installation of the bamboo, awnings, etc., and consider whether any motions have been resolved which prohibit or authorise fixtures or items on the balconies.
You should note that there is a distinction between placing something on the balcony and affixing something permanently to the common property. For example, the bamboo screening may be leaning on the balustrade however the awning is likely to be fixed to the common property. You need to consider how sections 108 to section 111 of the Strata Schemes Management Act 2015, and any relevant by-laws, apply to each particular item or fixture you believe does not have authorisation.
In relation to your cat netting, the key words in model by-law 12 above are “anything visible from outside the lot” and “not in keeping with the rest of the building”. From your email it appears the cat netting will be visible from outside your lot and that it is possibly not in keeping with the rest of the building. If there are screens on other parts of the building, such as flyscreens, maybe you can find a solution which is in keeping. You may wish to consult a designer or architect in relation to a solution which is in keeping with the rest of the building.
In relation to the bamboo screening, awning, tarps, etc., if authorisation has been granted this does not automatically mean your cat netting should also be authorised. However, you should enquire into the basis upon which authorisation was obtained for any other items or fixtures on other balconies. If authorisation is required, and has not been obtained, you need to consider whether the item or fixture should be removed.
Clause 4 of Schedule 1 of the Strata Schemes Management Act 2015 provides owners with the opportunity to require a motion be included in the agenda of the next general meeting. Pursuant to clause 4 you may wish to draft some carefully worded motions which:
- 1. Resolve to authorise the installation of your cat netting.
- 2. Resolve to enforce the by-laws or the relevant provisions of the Strata Schemes Management Act 2015 by requiring the removal of any unauthorised items or fixtures on other balconies.
Please note the relevant legal provisions are technical and I am simplifying them. The motions must be drafted very carefully. You should obtain legal advice before submitting any motions to the Secretary for inclusion on the agenda.
Your motions will provide you with the opportunity to discuss your concerns with other owners at a general meeting and may assist you in deciding whether you will take the matter further. The next step will be to apply for a strata mediation with NSW Fair Trading. When you prepare your application for mediation you should annex the notice and minutes of the general meeting to your application and a summary of the discussions which took place at the general meeting.
Your concerns relating to the storage of items in car spaces is not directly relevant to the cat netting and needs to be considered separately.
In relation to whether you should seek legal advice, complex legal issues and precedent apply to the cat netting and if other owners have undertaken work without authorisation, this will add to the complexity of the matter.
My comments are based upon assumptions and generalisations and I have not covered all of the potential issues and laws which need to be considered, and which may arise if an application is filed in the Tribunal. I would definitely recommend you obtain legal advice.
Shane Williamson
Williamson Lawyers Pty Ltd
E: shane@williamsonlawyers.com.au
P: 0404 045 605
This post appears in Strata News #609.
Question: What form needs to be filled out to permit balcony decorations such as an ivy trellis?
I want to cover our balcony with an artificial ivy trellis.
I have been given an application form for minor renovations to get approval from the owners corporation for the artificial trellis.
As I’m not doing any renovations, is this the correct form?
Answer: Yes, you should complete the “minor renovations” form.
Because you need written approval of the Owners Corporation, and, in the absence of another form, yes, you should complete the “minor renovations” form because most strata schemes delegate minor renovation approval to the strata committee (in which case a general meeting of the Owners Corporation will not be required) and it is likely that the trellis will not simply be placed on the balcony but in some way, will need to be “attached” or “affixed”.
Leanne Habib
Premium Strata
E: info@premiumstrata.com.au
P: 02 9281 6440
This post appears in Strata News #606.
Question: We would like to replace vertical blinds with plantation shutters. Do we need to ask for approval from our owners corporation?
I own a unit on the ground floor of a strata property. When the property was built, the units had vertical blinds installed. We’d like to update the window coverings with plantation shutters.
We are concerned this will be against our common property regulations, as the blinds will change the external appearance of the complex. Do we need to ask for approval from our owners corporation?
Answer: In all likelihood, the proposed plantation shutters would be in breach of the by-laws and necessitate the creation of a by-law to permit the installation.
Many considerations apply here including whether or not the blinds were part of the architect’s design vision for the property. That aside, replacing internal blinds and curtains are now “cosmetic works” under the new legislation provided they do not affect the “external appearance” of the lot (which the shutters presumably would). Further, standard by-laws, as you correctly state, require all installations to be in keeping with the appearance of the building.
So, yes, in all likelihood, the proposed plantation shutters would be in breach of the by-laws and necessitate the creation of a by-law to permit the installation.
Leanne Habib
Premium Strata
E: info@premiumstrata.com.au
P: 02 9281 6440
This post appears in Strata News #588.
Question: A lot owner in our townhouse development has a yard space that is their exclusive use. If not maintained, is this space the responsibility of the owners corporation or Owner?
A free standing townhouse has a fenced off yard that is for the exclusive use of the occupier. The space has not been maintained. Is this area the owners corporation’s or Owner’s responsibility? Can the owners corporation take action to compel the owner to allow them access and do the work at the owner’s expense?
Answer: If the garden area is part of the lot (townhouse) or exclusive use to them then the owner would be responsible for the maintenance.
If the garden area is part of the lot (townhouse) or exclusive use to them then the owner would be responsible for the maintenance.
A standard by-law in place with residential schemes is a requirement for keeping their lot maintained and not affecting the appearance of the rest of the complex.
You will need to check the by-laws for your particular strata scheme but an example of the by-law you are looking for is included below. The Owners Corporation can proceed with by-law breach action to compel an owner to comply.
Appearance of lot
The owner or occupier of a lot must not, without the prior written approval of the owners corporation, maintain within the lot anything visible from outside the lot that, viewed from outside the lot, is not in keeping with the rest of the building.
Robert Fothergill
Strata Life
E: Robert@thestratalife.com.au
P: 02 9456 9917
This post appears in Strata News #575.
Question: Our Strata manager demands we remove vines from our lot because they are changing the appearance of our complex.
We have planted vines around our lot which have grown but are not covering any other lot.
Our Strata managers insist we are changing the appearance of our complex and are demanding their removal.
Since we are talking about a plant which is not impacting any structural characteristics of the building, must we remove them?
Answer: Your lot is not in keeping with the uniform appearance of the building.
Your strata manager is likely correct especially since the other lots do not appear to have as much foliage as yours, therefore, your lot is not in keeping with the uniform appearance of the building.
While we are not botanists, the type of vine you have may be invasive (eg like certain types of ivy which may cause damage to brick and paintwork over time) and therefore, might be damaging the common property too.
Leanne Habib
Premium Strata
E: info@premiumstrata.com.au
P: 02 9281 6440
This post appears in Strata News #524.
Question: In a duplex, can I repaint my window trim to a complimentary colour without approval?
We are in a 2-lot strata scheme with the only common property being a driveway.
We have a clause that says the facade colours must remain consistent amongst both properties including fascia, guttering, window treatment etc. Our windows are currently cream and we would like to change them to black. This colour already exists on our roof and gutters.
Does this constitute a ‘consistent’ colour scheme, as no new colours are being introduced? Or would we still be required to pass a special resolution?
Answer: Discuss the colour option with the other owner in the strata scheme and come to an agreement that is minuted.
As part of my response I am assuming that the clause that you refer to is a Special by-law registered with your strata scheme specifying that colours must be consistent between both properties. Based on your comment regarding the driveway being the only common property I am also assuming that your Strata Plan is registered specifying each owner is responsible for the structure of their lots unlike a ‘normal’ strata plan. And so the windows are not common property and so you do not need approval to paint them.
In all of the different versions of the model by-laws in place there is a by-law regarding the appearance of lot an example of which is below from the Strata Schemes Management Regulation 2016, Schedule 2 Model by-laws for residential strata schemes. This dictates approval by the Owners Corporation for any changes to the appearance if not consistent with the rest of the building,
12 Appearance of lot
- The owner or occupier of a lot must not, without the prior written approval of the owners corporation, maintain within the lot anything visible from outside the lot that, viewed from outside the lot, is not in keeping with the rest of the building.
- This by-law does not apply to the hanging of any clothing, towel, bedding or other article of a similar type in accordance with by-law 14.
My interpretation based on the way you have worded your query is that colours must remain consistent between the two properties so that they continue to look similar and the appearance of the strata scheme is not impacted, which also complies with the requirement under the Appearance of lot by-law.
In my experience changes to colour choice and opinion on what is acceptable can be quite emotive and vary depending upon the individual. As such I would suggest the only way for this to be resolved without any further concern in an amicable way would be to discuss the colour option with the other owner in the strata scheme and come to an agreement that is minuted.
I have not been able to find any case history regarding paint colour changes (which does not mean that there isn’t any) but there was a Tribunal ruling in Queensland that considered the changing of colour an improvement and so required a Special Resolution to be passed.
Robert Fothergill
Strata Life
E: Robert@thestratalife.com.au
P: 02 9456 9917
This post appears in the July 2021 edition of The NSW Strata Magazine.
Question: I’d like to install a glass sliding door at the rear of my unit. As the door opens into a courtyard and does not changing the appearance of the lot, do I still need a new bylaw and special resolution?
I want to convert an existing window and doorway to a glass sliding door in a room at the rear of my unit. I have obtained quotes and specifications from qualified suppliers. The wall faces into my small courtyard which is enclosed by high fences on all three sides, hence the renovation will not be visible from within or from outside our strata scheme.
I requested approval for a “minor renovation” under Section 110. Our Secretary insists 110 does not apply because the work will change the appearance of the building. They insist Section 108 applies and that a new by-law is required, both requiring special resolutions. Who is correct?
Answer: Just because no-one can see your alteration, you will still be changing the external appearance of the lot
We are inclined to agree with your Secretary – just because you state that no-one can see your proposed alterations, the fact remains that you will have changed the external appearance of the lot, thereby invoking the requirement for a by-law.
Section 110 (7) states that a “minor renovation” does not include work that “changes the external appearance of the lot”:
- This section does not apply to the following work:
- work that consists of cosmetic work for the purposes of section 109,
- work involving structural changes,
- work that changes the external appearance of a lot, including the installation of an external access ramp,
- work involving waterproofing,
- work for which consent or another approval is required under any other Act,
- work that is authorised by a by-law made under this Part or a common property rights by-law,
- any other work prescribed by the regulations for the purposes of this subsection.
Leanne Habib
Premium Strata
E: info@premiumstrata.com.au
P: 02 9281 6440
This post appears in the May 2021 edition of The NSW Strata Magazine.
Question: Will replacing my current window with a soundproof window change the appearance of the lot? Will I need approval for this improvement?
My owners corporation has said I may install soundproofing to my 3 windows due to dog nuisance coming from various backyards in streets in vicinity. However, they say I am unable to proceed if the change affects the appearance of the building. I would be getting an extra pane of glass 100ml thick. Would this affect appearance?
Answer: There are solutions to your problem that would not require the removal of your existing windows or even the replacement of the current glazing.
It’s understandable that the Owners Corporation would be concerned with improvements that may negatively impact the appearance of the building.
That said there are solutions to your problem that would not require the removal of your existing windows or even the replacement of the current glazing.
The best results in reducing noise are to be achieved by the installation of a secondary window system, that would be installed on the inside of your existing windows and not require any alteration to the exterior of the existing frames.
For the best results a secondary window system should be installed leaving a 100mm space between the external and internal glazing.
Thick glass is not essential to achieve a good result, as it is the distance between the glass panels that is the main contributor to the reduction of noise, however it is important that both windows do not have glass of the same thickness.
For ease of cleaning the secondary window should be sliding with all sliding panels removable from the inside.
Gary Stevenson
E: info@windowline.com.au
Windowline
P: 02 8304 6400
This post appears in the April 2021 edition of The NSW Strata Magazine.
Question: An owner would like to upgrade an existing unapproved screen door. The Owners Corporation has refused the request, but the owner insists on the replacement.
One of the units in our eight unit strata scheme has a metal security grill installed outside the front door. No other unit has any such security grill installed. The security grill is therefore not in keeping with the rest of the building.
This grill was installed by the prior owner and without the consent of the Owners Corporation.
The current owner wishes to upgrade to a new, more secure screen door. They have asked the Strata Committee for approval.
The strata committee refuses to approve the upgrade and has asked the current owner to remove the current screen door as it is not in keeping with the rest of the building and it is sometimes in the way of people using the common staircase.
The owner is refusing to remove the grill and insists in upgrading the door.
We have no bylaws in place that allowed security grills outside of the front doors.
What should the Owners Corporation do?
Answer: It sounds like the OC has reasonable ground to reject the approval.
It sounds like the OC has reasonable ground to reject the approval to have a security door as the door is impacting other apartments access and the door is isn’t in keeping with the rest of the complex.
Normally, grill security doors aren’t applied to fire doors as they can impact upon the fire egress to the apartment which impacts resident fire safety in an emergency (eg if they can’t get out without keys). I would certainly check this with your fire contractor to see if the door impacts the fire services to the building as it can impact the ability to achieve fire certification each year.
If the owner won’t remove the security door, you sadly may need to go the NSW Fair Trading then NCAT to get a decision to remove the door.
Rod Smith
The Strata Collective
E: rsmith@thestratacollective.com.au
P: 02 9879 3547
This post appears in Strata News #439.
Question: We would like to cover a window to stop excess light and also replace blinds with curtains on other windows, but the owners corporation will not grant us approval. Is this reasonable?
We have a giant window in the main bedroom that is not covered. We would like to put up winder coverings to stop light from coming in. The light is disrupting our sleep.
We would also like to make our home child safe by replacing the blinds with curtains of a similar colour.
Strata will not grant us permission to make these changes. For the giant window they say we can only tint the glass, but I have doubts that will block out the light.
They’ve also refused to let us replace the blinds with curtains, despite the safety risk blinds pose.
There are no by-laws that specify the type of window covering.
We have the following by-law:
By-Law 17: Appearance of Lot
- The owner or occupier of a lot must not, without the prior written approval of the owners corporation, maintain within the lot anything visible from outside of that lot that, viewed from outside the lot, is not in keeping with the rest of the building.
- This By-Law does not apply to the hanging of any washing, towel, bedding, clothing or other article …….
I feel our proposed works fall under s109 of the Strata Schemes Management Act 2015, and as such I don’t need the Owners Corporation’s permission. The Strata Manager has disputed this, claiming we fall under s109(5)(c) of the Strata Schemes Management Act 2015, and therefore need their permission before proceeding.
I need to change the blinds to curtains, and cover the giant window in such a way that there is no light coming through and it is safe.
Answer: Internal blinds/curtains just need to be keeping in appearance with the rest of the scheme.
I don’t see how the owners corporation can dictate internal curtains/blinds type/colour unless they have a specific by-law in place. If they do not, internal blinds/curtains just need to be keeping in appearance with the rest of the scheme (per the by-law this owner has stated).
It’s not clear what they are talking about with regards to covering the window – if they are wanting to put an awning/external blinds, etc. these likely require owners corporation approval at a general meeting given they’re attaching to common property
Andrew Terrell
Bright & Duggan
E: Andrew.Terrell@bright-duggan.com.au
P: 02 9902 7100
This post appears in Strata News #435.
Question: I have an apartment with a balcony in NSW and can I put artificial hedge roll on my pole for decoration?
Answer: While the decorative item is easily removed, it may offend the “keeping within the appearance of the building” by-law.
While the decorative item is easily removed, it may offend the “keeping within the appearance of the building” by-law which is likely applicable to your scheme.
This common and standard by-law states:
17 Appearance of lot
- The owner or occupier of a lot must not, without the written consent of the owners corporation, maintain within the lot anything visible from outside the lot that, viewed from outside the lot, is not in keeping with the rest of the building.
- This by-law does not apply to the hanging of any washing, towel, bedding, clothing or other article as referred to in by-law 10.
Note: This by-law was previously by-law 29 in Schedule 1 to the Strata Schemes (Freehold Development) Act 1973 and by-law 30 in Schedule 3 to the Strata Schemes (Leasehold Development) Act 1986.
Leanne Habib
Premium Strata
E: info@premiumstrata.com.au
P: 02 9281 6440
This post appears in Strata News #421.
Question: I would like to change the colour of my painted courtyard walls. As the walls are impossible to see from the street and won’t change the building appearance, is approval from the body corporate required?
I want to repaint my painted courtyard walls in new colours. I understand this is cosmetic and therefore does NOT require the approval of the Owners Corporation. However, in 109 (5) of the Strata Scheme Management Act (2015) it says this is allowed providing it does not change the external building appearance of my lot.
As the internal walls are impossible to see from the street, I assume I am fine to proceed without the approval of the Owners Corporation. Is this correct?
Answer: The standard “in keeping with the appearance of the building” by-law will likely apply to your scheme.
Generally speaking you are correct, however, there is another issue to consider too. The standard “in keeping with the appearance of the building” by-law will likely apply to your scheme. So, in addition to the works not being visible from the street, the painting should not be visible from the common property, or another lot. Therefore, you will need to determine whether the painting will be visible from anywhere outside your lot.
Typical wording of such a standard by-law is:
The owner or occupier of a lot must not, without the prior written approval of the owners corporation, maintain within the lot anything visible from outside the lot that, viewed from outside the lot, is not in keeping with the rest of the building.
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Leanne Habib
Premium Strata
E: info@premiumstrata.com.au
P: 02 9281 6440
This post appears in Strata News #171.
Read next:
- NSW: Q&A Strata approval for renovations – What is the process?
- NSW Q&A Section 100: The Power to Borrow Money
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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Have a question about building appearance or something to add to the article? Leave a comment below.
In relation to owner won’t remove security door.
its one thing for a security door placed immediately in front of and in conjunction with the apartment entrance door and another location affecting common areas access to another area..
Annual Fire Safety Statement/schedule (AFSS) is not required for this scheme as all Class 1 (a) buildings are exempt in terms of EP&A Reg. 2000 Part 9 Div. 2 Cl. 168
It would seem logical that any minor renovation involving an attachment to a common area is governed by that Scheme’s Special by-law with regard to renovations, either a minor or major renovation.
Should that Scheme have an up to date Special renovations by-law, it would seem apparent that the owners corporation has the right to insist that its laws be adhered to in accord with that Special by-law.