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