Question: I’m seeking approval for new floorboards, but the committee insists upon a specific and expensive underlay. Can the owners corporation determine what underlay I use if I’m able to meet their requirements with a product I have chosen?
I’m seeking permission from the Exec Committee to update my old floating floorboards to new hybrid flooring.
The committee only approves flooring if you commit to either using a very specific, made to order and expensive underlay or pay for your own acoustic testing report.
I have provided evidence that the underlay I propose exceeds the acoustic report recommendations the committee has provided.
Can the owners corporation determine what underlay I use if I’m able to meet their requirements with a product I have chosen?
Answer: If you have provided probative evidence that your choice of underlay meets or exceeds the strata committee’s specifications, their demands may be construed as being “unreasonable”.
Your works are categorised as “minor renovations” under the Strata Schemes Management Act, 2015 (NSW) (“Act”) provided they do not involve waterproofing and other exceptions.
If your strata committee is imposing these requirements, it appears that they have been delegated the power to approve “minor renovations” under the Act.
The Owners Corporation/strata committee may only impose reasonable conditions and approval cannot be unreasonably withheld by the Owners Corporation/strata committee as stated in the Act.
In our view, if you have provided probative evidence that your choice of underlay meets or exceeds the strata committee’s specifications, their demands may be construed as being “unreasonable”.
This post appears in the May 2022 edition of The NSW Strata Magazine.
Leanne Habib
Premium Strata
E: info@premiumstrata.com.au
P: 02 9281 6440
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