Question: Can a strata bylaw be written stating that owners cannot convert unit space into an additional bedroom?
Can a strata bylaw be written stating that owners cannot convert unit space into an additional bedroom?
I believe strata can order unauthorised conversions to be reversed but surely it would be best to be proactive and clearly state that conversions cannot be approved?
There are several reasons why conversions are detrimental to residents and owners. In my Owners Corporation, I’m concerned about the maximum occupancy regulations in NSW as we already have overcrowding issues and potential risks.
Answer: A by-law must not be harsh, unconscionable or oppressive.
The By Laws need to be in keeping with the model By-Laws. This is to ensure it does not become subject to challenge by a lot owner in accordance with section 139 of the Strata Schemes Management Act 2015. This section provides that a By-law cannot be unjust A by-law must not be harsh, unconscionable or oppressive.
Perhaps a By-Law that ensures any such works are subject to council development application approval and approval by the Owners Corporation in circumstances where it is going to change the appearance of the lot.
Pierrette Khoury Khoury Lawyers E: pierrette@khourylawyers.com.au P: 0415 459 486
This post appears in Strata News #479.