An owner enclosed his balcony to create any additional liveable space. Retrospective approval included a motion that the owners corporation accepts the structure as built. The owners corporation has accepted this. What risk does this expose us to?
Without correct approvals, an owner in our ten lot strata scheme has enclosed his balcony with glass panels/doors to create an additional liveable space. This work changes the outside appearance of the building.
He completed the work without council approval or complying with the Design and Builders Practitioners Act or owners corporation approval which he subsequently obtained eight months later.
His motion to seek approval was subsequently changed at the meeting to include that the owners corporation accepts the structure as built. In other words, the owners accept an illegal non complying structure on the building. This potentially affects the building insurance and the value of the building and individual units. I objected that the change in the motion materially changed the intent of the original motion, which was to approve the enclosure off the balcony, not the enclosure on the balcony.
The owners corporation now does not wish to request compliance. Does this expose us to any risk? As an owner, what can I do?
Seek to have this motion brought up at the next general meeting.
This owner who has enclosed his balcony should submit a special by-law to the owners corporation for approval to ensure he remains responsible and liable for the ongoing maintenance. You could seek to have this motion brought up at the next general meeting. The difficulty here is that the lot owner can seek to obtain retrospective approval from the owners corporation.
At the meeting, you may wish to raise that the owner completed the work without compliance with the Strata Schemes Management Act 2015 and requirements of the Design and Builders Practitioners Act. The Owners Corporation could consider escalating this matter to the Tribunal to enforce the breach of the by-laws. I would be happy to advise further with you directly in this regard.
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Pierrette Khoury was admitted in 2006 and has extensive experience in strata, building and construction and commercial litigation.
Pierrette is client focused, results and outcome driven. Pierrette successfully resolves disputes and should a matter not be capable of resolution will successfully advocate on your behalf in the Tribunal or Court.
Pierrette has extensive experience in contract drafting and review including AS 4000, Master Builders, NSW Fair Trading and Housing Industry Association contracts.
Pierrette appears in all courts including the Supreme Court, NSW Civil and Administrative Tribunal, District Court, Land and Environment Court and Local Court for hearings, interlocutory applications and Appeals.
Pierrette applies strategic decision making to matters and narrows the issues in dispute. Pierrette has successfully litigated matters at the interlocutory and hearing stages.
Pierrette resolves matters on behalf of clients through effective dispute resolution mechanisms through negotiation, attending Mediations and attending informal settlement conferences.
Strata advice and litigation services
The services include strata advice, general strata advice regarding strata management agency agreements, strata by law advice, by-law drafting, consolidation and registration, strata dispute advice, breach of strata by-laws and enforcement, insurance claims, levy recovery advice and enforcement. This also incluees high level litigation services including building defect disputes and appeals, home warranty insurance claims and general insurance claims including appeals.
Legal involvement and representation of strata disputes including litigation involving breach of by-laws and breaches of the Strata Schemes Management Act and Regulations.
Appearance and representation in all courts including the Supreme Court, NSW Civil and Administrative Tribunal, District Court, Land and Environment Court and Local Court.
Key highlights:
- Strata advice, by law advice, disputes including levy recovery;
- Large scale building defect claims, disputes and appeals;
- Home warranty insurance claims and general insurance claims;
- Acting on behalf of a number of Owners Corporations in relation to large defect claims including claims under the Design and Building Practitioners Act 2020. Successfully resolving large scale defect claims;
- Acting for home owners in excess of $1million build and advising on contractual rights, variation disputes, project disputes and successfully resolving;
- Advising home owners and Owners Corporations on rights under the Home Building Act 1989 and Design and Building Practitioners Act 2020;
- Acting on behalf of a number of Owners Corporations in relation to lot owners’ breaches of by-laws and enforcement in the NSW Civil and Administrative Tribunal;
- Advising on retaining wall and fence matters and mitigation.
Qualifications
- 2005 Bachelor of Laws (Macquarie University)
- Bachelor of Commerce (Professional Accounting) (Macquarie University)
- 2006 Graduate Diploma in Legal Practice (College of Law)
- 2011 Graduate Certificate in Legal Practice Management
Memberships
- Law society of NSW
- Marrickville Chamber of Commerce
- Marrickville Business Association
- Strata Community Association of NSW
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