Question: A lot owner has installed a ceiling fan without body corporate approval. How do we know if the work was carried out by a qualified tradesperson? Can the committee request details?
A lot owner has created a manhole and installed a ceiling fan without body corporate approval.
Our by-laws state “No structural alterations shall be made to any lot (including any alteration to gas, water or electrical installations) without the prior written consent of the Committee”.
This may have been intentional ignorance, however, the concern is whether or not the work has been carried out by a qualified person.
Where does the committee stand? Can the committee ask for the details of the work and the name of the electrician and the tradesman?
Answer: If an owner has undertaken renovations without approval, the Committee can contact them to ask for a retrospective application to be completed.
As a first step it is worth double checking if the works conducted have affected the common property. You need to check if it is a building or standard format plan then review the guidelines for the relevant format. Check the survey plans to see where the boundaries of the lot are. Consult with your body corporate manager if you have one. They should be able to give you a clear answer. Establish as many facts as you can and then approach the owner. If the works didn’t affect the common property, all the owner may be guilty of is not telling you they were going ahead. If they did affect the common property, then an application should have been made – in addition to your by law, the Act is very clear is stating that renovations should be approved: Improvements by a lot owner
If an owner has undertaken renovations without approval, the Committee can contact them to ask for a retrospective application to be completed.
This application should include full details of the works done, quotes and invoices from the contractors who did the work, as well as license and insurance details of those contractors. In this case it should also satisfy any requirements of your by-law.
If the application is satisfactory, the works can be approved and the matter closed. It’s better to do these things in advance, but at least the owner would have acknowledged their responsibilities and the body corporate would have a permanent record for the future.
If the owner isn’t compliant, or you think the works are unsafe, then you have to look at the options. Check the wording of the by-law to see if it gives you a direction for how to act. Then, you might issue a breach of by-law notice. After that, you can go down the path of seeking mediation or adjudication on the matter. In extreme circumstances, you may need to consider gaining entrance to the lot to have the work checked. Still, we are talking about a ceiling fan so that seems a bit excessive unless there is a real fire risk.
Indeed, the relatively mundanity of the renovation here may be part of the problem. The owner may see it as a small job that affects them only – some people think it’s a hassle to make an application for something so minor. From a Body Corps perspective, the owner may have breached the by-laws but how much time, money and effort can be spent rectifying that. Committees are made up of volunteers and not everyone has the capacity to pursue issues like this when there may be bigger problems at the complex to consider. Body corporate managers can be engaged to follow up, but they will apply fees for the time it takes to do so – not everyone is happy to pay these.
If the owner is just being a bit difficult you can try explaining to them the implications of not participating in the body corporate process. A face-to-face meeting might be good if the owner is agreeable. The conversation often starts by highlighting that failing to follow the by-laws can cost them money as the costs of resolution are paid from their levies. Point out that dealing with issues like this takes time away from Committee’s capacity to solve other more complex matters. Then they need to consider that owners can’t just pick and choose which by-laws to adhere to. If they do, then the Committee loses the authority to act on any of them. It won’t be possible to help the owner next time they have a parking or noise issue caused by another resident because the by-laws have been devalued. Try to give the owner a different perspective and see if that helps.
Lastly, it is important to consider the building’s application process for renovations. Do you have a set format or form? Does your body corporate manager have one? Are owners aware of the process? If you are having issues with owners undertaking works without approval then maybe send out a communication to advise people what is expected. Make sure the application process is both fair and flexible. If an owner wants to do major renovations then they should be investigated thoroughly, but minor changes should be approved pretty quickly provided they are being done by professional contractors. If the application process is too difficult, owners may find it easier to ignore it. If it is fair and efficient most owners will be happy to comply. Most people choose the path of least resistance so try and make sure that is the one in which they submit a reasonable application.
This post appears in Strata News #543.
William Marquand Tower Body Corporate E: willmarquand@towerbodycorporate.com.au P: 07 5609 4924