Question: I received approval to replace the tiles on my balcony. During the work, an old metal screen had to be removed which is unable to be reinstalled. I’ve been served a breach for the removal of the screen. What do I do now?
The Body Corporate committee gave me permission to remove old tiles on the back verandah of my ground-floor apartment and replace them with new tiles. The tilers had to remove the balustrade railing and a large metal screen situated right in the middle of my verandah. After the work was completed, the tilers refused to replace the railing and screen.
Tradesman have replaced the railing, but were unable to replace the old screen.
I have enjoyed the delightful ambience of not having to negotiate around that ugly, outdated heavy metal monstrosity that serves no purpose and restricts what little light I have coming into my dark unit.
The committee have served me with a breach notice for not replacing the screen. My screen was the only one left in my building. I have asked for an exemption but they are undecided. Some members agree with me wholeheartedly but the chairwoman has taken exception with me and has not approved another request I have for insect screens which all other owners are allowed. What are my rights here?
Answer: If you want the alteration to be approved, it follows that you should make a formal application for that to happen.
Alterations have been made to your lot that haven’t been approved. If you want those alterations to be approved, it follows that you should make a formal application for that to happen. If the works were under $3000, the application can be approved by the Committee. If they are over $3000, the matter should be considered at a general meeting.
By making this formal application you are taking the matter outside the realm of debate and making owners decide on the matter. I would recommend that your application contain as many details as possible about the work that has been done and why it is not possible to replace the screen and why it is preferable to keep the railing removed. I would stay away from using language such as ’that ugly, outdated heavy metal monstrosity’. This tends to make me think that you are not replacing the items because you don’t want to rather than that you can’t. In your submission, I would seek to include a report from the contractor stating why they can’t return the property to its original condition and why this wasn’t thought through as part of your original proposal.
The Committee Chair is entitled to their opinion, but it is worth remembering that they are only one voter – albeit they may be an influential one. It is not within their remit to individually determine approvals at the site. For the insect screens, it may be worth checking your by-laws to see if you are allowed to install them without permission. This is often the case. If not, add the proposition as an additional motion to your other proposal and let owners vote on that. It might be worth reminding the Committee – rather than just the Chair – that they have to make reasonable decisions and that the fly screen request shouldn’t be conflated with the renovation request.
In having the formal vote, there is always the prospect that the Committee or owners will vote no to your proposal. What then? Well, you could take the matter to the Commissioner’s office to see if they uphold the decision. Or you could do nothing and wait for the Body Corporate to take action against you. There are lots of possible avenues for an issue like this, but I think it is critical that you acknowledge the issue and seek to positively resolve it by the structures that are available – meetings and votes.
This post appears in Strata News #603.
William Marquand
Tower Body Corporate
E: willmarquand@towerbodycorporate.com.au
P: 07 5609 4924
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