Can Strata Refuse Hard Flooring Without a By-Law?

NSW
Noise & Neighbours
question
Lookupstrata community member

If an OC has no hard floor bylaws, can they reasonably refuse a request for approval of installation of hard flooring?

We have no by-laws setting out the acoustic rating required for hard flooring, and the Owners Corporation does not want to spend money to establish this. Is it considered unreasonable if they refuse a proposed flooring that meets and even exceeds the BCA and AAAC standards?

answer
Allison Benson
Allison Benson Benson Legal Pty Ltd

What is and is not reasonable will depend on the unique circumstances of each case.

Good question. What is and is not reasonable will depend on the unique circumstances of each case. I expect that a refusal to approve flooring that could be proven to meet or exceed BCA standards would be a strong argument in favour of the decision being unreasonable however.

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