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.
This post appears in Strata News #622.
Shane Williamson
Williamson Lawyers Pty Ltd
E: shane@williamsonlawyers.com.au
P: 0404 045 605
Leave a Reply