Question: As Council requires the owners corporation to sign off on a development application before it can be considered, how much detail is the owners corporation justified in asking the lot owner?
An owner of a lot wishes to put in a DA for change of use of commercial premises in a strata complex that will involve some modifications such as additional toilets. As Council requires the owners corporation to sign off on the application before it can be considered, how much detail is the owners corporation justified in asking of the owner? Can the OC ask for finalised plans and details such as the precise nature of the works including who will perform the work?
Answer: The legislation doesn’t have any restriction on how much information the owners corporation can ask for.
The legislation doesn’t have any restriction on how much information you can ask for. The general rule of thumb is that you should be asking for everything that you need to satisfy yourself that the works are acceptable to you as an Owners Corporation or will have no detrimental impact on another law or the common property.
Generally speaking, we asked for all the plans (where relevant) whether they are plumbing, electrical, architectural, or structural, depending on the nature of works. We also ask for a detailed letter summarising the proposed changes so that we can then determine if a bylaw is required, and what other consents, as an Owners corporation, are required.
You can ask for any information that you need. There is no limit. That’s the short answer.
This post appears in the February 2022 edition of The NSW Strata Magazine.
Leanne Habib Premium Strata E: info@premiumstrata.com.au P: 02 9281 6440