Question: We’d like to install skylights. If we agree to be liable in case of damage, can the committee refuse our renovation because the roof is common property?
We’d like to install some skylights in our apartment in Victoria. The roof of the building is common property.
I sent the renovation form to our owners corporation (OC) manager, agreeing among other requirements that:
“We accept liability for any costs associated with damage to common areas by the contractor and charged to the lot owner, and we accept liability for any damage/ water leaks caused or as a result of the renovation work”.
We also confirmed after double checking with the contractor that the works will not compromise the roof structure.
Since December 2021, the OC Act mentions that “a prohibition on the installation of a sustainability item only on aesthetic grounds is taken to be unreasonable”. We believe skylights are sustainability items.
One committee member told me the committee would not approve our renovation request because the roof is common property. Knowing we agreed to be liable in case of damage to common property, can they refuse our renovation because the roof is common property?
Answer: The owners corporation is able to deny your request.
The owners corporation is able to deny your request. Even if the skylight is considered a sustainability item, please see the below from the Model Rules:
- The owners corporation cannot unreasonably prohibit the installation of sustainability items on the exterior of the lot, including by prohibiting the installation of a sustainability item only on aesthetic grounds.
The above only relates to sustainability items installed on the exterior of the lot, not on common property. Any changes to the common property need the approval of the owners corporation. We recommend you ask the committee for the reasons for their refusal. See if you can reason with them and try and overcome any concerns. Meeting in person and explaining why you want this installed may also help you get approval.
This post appears in the November 2024 edition of The VIC Strata Magazine.
Alex Smale
Melbourne Owners Corporation Services
alex@mocs.com.au
P: 03 9818 2488
Hello, I am seeking assistance in confirming who is responsible for a continuous water leak from burst pipes in an internal wall cavity. The block of units is double brick construction.
Our six unit block (located at the back of the site), is part of a 15 unit complex, and is three storeys high – two units each level. There is a constant water leak, and we have a plumber’s report advising it is coming from burst water pipes from one or both units on the middle floor.
The owners of one of the identified units is in the process of rectifying this, but the plumber hasn’t been able to gain access to the second unit to ascertain if it is one or both units.
The body corporate insist this is an owner issue. I am part of the owner’s committee, and we argue it is the body corporate as we believe the pipes are part of the common property.
We are pushing the body corporate to organise access to the second unit, however, there doesn’t seem to be any urgency. We believe this action falls under the responsibility of the body corporate.
I have checked our contract of sale when purchasing the property and it doesn’t include the detailed information required.
The priority at the moment is to identify the source, so a resolution can be organised as quickly as possible to stop further damage the building overall. In the interim, I would like to confirm who is ultimately responsible, as this will guide the next steps required.
We are a block of 10 townhouses in Victoria and the main door from each townhouse have the same colours and window panels. A owner has inquired whether they can install a fly wire screen door on their front door . Can the committee approve or would we need to go for a special resolution and stipulate colour design etc – we have a AGM due in 2 months, we are self managed and appreciate advice
Hi
I am an owner occupier in a 12 apartment complex. We have recently employed a new body corp agent, who has engaged in a maintenance program. The building has not painted in 20 years, we dont know what the original paint scheme was. and the painter want to repaint what it currently is which is wrong. Several owners on the committee want to change the paint scheme but none of the other owners are returning the ballot papers for the vote which has been sent out 3 times. Our agent is too worried to change the color even though the building is in poor condition incase of an owner suing for change without consent.
What do we do?
I live in an apartment building of 12 approximately half have their balconies enclosed in glass. balconies are not common property. can I be made to enclose my balcony if I don’t want to. the building is well maintained 2 levels and approximately 80 years old.
I would like to install Roller shutters on the windows of my unit. The windows face west and as I don’t have a side fence they face out onto the communal area. Do I need to get permission from the Owners Corporation?
Hi Alicia
This response above should assist with your question.
Hi,
I am currently having townhouse unit with owner corporate.
I am looking to install a office pod in my backyard with the size less than 10m2. In VIC does not require building or planning permit. But I am not sure do I have to ask permission to install it from OC. If so, can owner corp stop me to do?
Hi Jan
The following response has been provided by Rochelle Castro, RC & CO LAWYERS:
An owners corporation would require written consent if your proposed office pod is visible from the exterior of the property. Otherwise, if you have confirmed that your local council does not require a planning permit for the office pod installation, you could proceed.
HI
[address removed by ADMIN]
Project
Additional Level
Time and Budget
None at this stage
I currently own the property that I live and was looking to add a second level but I’m not sure if its allowed from the body corporate office Side but the zoning and overlay guidelines allows it.
Could you please Run me through the process and if I can get or need permission from body corporate to go ahead.
Feel free to contact me
Thanks
Mosa
Hi,
A commercial tenant on the ground floor would like to install an inverter in the common area just behind his shop for hot water system. The work included drilling multiple holes through a load bearing reinforced concrete wall (structural element), with 15 cm thickness, for the electrical wires and other lines to pass through, the wall belongs to common property. Just wondering if such work is considered Significant Alteration to the common area as per Owner Corporation Act 2006?
Regards,
Ed
Re converting a garage to a bathroom. Under Victorian legislation, this would be a breach of the planning permit on two counts: removal of a car space and making a habitable area from a garage. The local council will have significant powers to require the reversal of the installation and reinstate the car space. Approaching the council planning enforcement officer is the first step. Councils have far greater powers than an owners corporation!
I just hope none of you have to put up with an owner such as the one in our block of 9 apartments. No permission sought or given by the OC before commencing to rip out the internal walls of the apartment, tear up the floor tiles, re wire and re plumb the apartment. All with no notice to any of the occupants / owners or the OC.
Then, run out of money and leave the common area car-park littered with building materials that may or may not be required to eventually finish the work.
It’s been 12 months so far and is only half done with building materials still heaped into the stairwell leading to the apartment front door and visible from the street. It makes the place look terrible.
So much for owners having any sense of concern about the OC or the rest of the owners of the property.
Hi I am an owner of one flat of ten in the building and mine is located on the ground floor. When the carpet was replaced, I found that there was a serious leaking occurred underneath of my living room during previous ownership. After investigation of Lisenced builder, no more leaking now but a major repair of subfloor is required. Do I have to get approval to do the repair? I reported the problem to Owners Corporate 5 months ago but nothing happened so far and the room is not in living condition with 2 large holes on the floor for previous investigation. I have been told to be further advised all the time. Could I do the repair myself and seek reimbursement from owners Corporate?
I now own a unit in a block of 3, they are 14 years old and there has never been an owners corp. here. The paintwork of the fascias is looking very worn/dull, am I able to get mine freshened up and can the others change the colour on theirs if they choose to do so? If I try to start up an owners corp. and the other two don’t want to what happens with keeping the units looking the same? Are there rules for units. They do not join in anyway, each completely separate and own the land they’re on, just a common driveway.
Hi,
I am currently on a two-unit subdivision, a body corporate exists however is excluded from many of the responsibilities due to being a two-lot sub division and hence there are no meetings etc. There is no common property other than shared services.
I am looking to do a renovation to my unit which will extend my unit and hence change the physical appearance. I have written a letter to the owners of the other letter informing and asking their permission per the model rules, however have no received a reply. The other unit is rented and I have never met the owners.
Is there a basis to ‘deem’ approval, or how do i progress in such a scenario?
More often than note I cringe when owners want to change and make alterations. Nevertheless my advice to you would be to speak to the tenants and find out who the agent is. Then speak to the agent to see if the owners received your letter.
If after 3 months, there is still no response, I would bring a case forward to VCAT.
If you do get a response, make sure that it is binding and every item that you want changed to your property is agreed upon by the other owner, even if you have to get an initial against every item. There are also significant costs in getting the plan of subdivision changed.
Here’s a similar case, though not the same:
https://acsl.net.au/wp-content/uploads/2020/11/Tsao-v-Owners-Corporation-SP-021983J-Owners-Corporations-2020-VCAT-1184-22-October-2020.pdf
I also visit this site to search similar cases: http://www.austlii.edu.au/cgi-bin/viewtoc/au/cases/vic/VCAT/2021/
Hi Kyle
We have responded to your comment in the article above.
Hello,
I’d like to add a second story to my unit. In my title it states, “The common property is all the land in the parcel except for the land contained in units 1 to 46 (both inclusive).” It also specifies the upper and lower boundaries, of which the renovation would be remaining within. Ultimately, the build would not be entering common property. With my title phrasing as above, would you consider that the external walls are common property thus needing body corporate approval?
Cheers,
Hi
1) I have a large open plan (76sqm) 1 Bed layout (hall, dining, kitchen in one line) 4.2 x 9.6m. Window towards the backend, kitchen at the front. I wish to divide the back portion (towards the window) say ~ 4.2 x 2.5 m to use it as a bedroom, by putting a partition (~2.5m ahead of the window) towards the front end. Partition could be anything , like an accordion folding door. Do I need OC permission to make this mod.? I will not be changing any structure. The door will just be affixed to a frame affixed to the wall or something similar
2) To the left backend of the open layout is the bedroom(again with the window towards the back end). Directly infront is a WIR (again left of the open plan layout), after the bedroom which i don’t need . Can I use the WIR as a bedroom. Do I need OC permission?
So I am not demolishing any structures, nor am i looking to put the added bedrooms on the title or rent out the place. ALl for personal use and occupants would all be related, so no occupancy limits i believe, THe apt. could ofcourse revert back to original should I sell/rent the apt.
We have responded to your question in the above article.