Question: Although our renovations have been approved, the committee is questioning whether a change is “structural” and requires an engineers report.
We applied for and were approved for internal renovations three years ago. We are Building format.
The committee passed a motion approx 6 years ago that any structural modification needs an engineers report. This was never made by law. Is this motion enforceable?
We removed a non-load-bearing wall at the end of the kitchen bench.
My builder’s opinion is that the modification is not structural and therefore outside the control of the motion.
Is there a legal definition of what constitutes a “structural” modification?
Answer: Even if the works were structural, the body corporate would need to approve the works unless it was reasonable not to.
The motion that was passed would not be enforceable unless it was adopted as a by-law – which requires a special resolution.
Even if that were the case, and even if the works were structural, the body corporate would need to approve the works unless it was reasonable not to. If no other lot or common property is affected, it would be difficult for the body corporate to justify a refusal.
To determine if the works are structural I would need some further information, including whether the wall contained any utility infrastructure.
This post appears in Strata News #465.
Todd Garsden Mahoneys E: tgarsden@mahoneys.com.au P: 07 3007 3753