VIC: Q&A Approval for Renovations / Changing Appearance of the Lot

Boundaries on our plan of subdivision are typically exterior face, including apartment walls and fenced gardens backing onto a common area. Our special rules govern exterior fixtures, planter boxes, and colours of curtains but do not explicitly mention outward appearance (such as in the model rules 5.2(1)).

What are the owners corporation’s (OC) rights to dictate appearance, e.g. colours?

If the OC can dictate appearance, are they responsible for the cost of maintaining that appearance, e.g. the painting? In our case, we have included complex painting in the long-term maintenance plan approved at the AGM.

Answer: Each case must be assessed on its precise facts and according to what the plan of subdivision provides.

Whether or not an owners corporation has registered rules, the model rules will apply to the owners corporation to the extent that the registered rules do not cover the subject matter of the relevant model rule.

The owners corporation has the power to make rules concerning the external appearance of lots, and this is specified in Schedule 1 of the Owners Corporations Act 2006. This may include the colour palate. It is in the development’s interest to abide by registered rules concerning external appearance. An owners corporation can undertake work to private lot property (such as painting) only if:

it complies with Section 48 of the Act (i.e. provides a notice to a lot owner because it is not properly maintained); or

if it is in the course of providing a service to lot owners as authorised by Section 12 of the Act by special resolution; or

if it considers it a service in accordance with Section 47 of the Act.

The Tribunal has decided cases where an owners corporation has undertaken repair works to private lot property in circumstances where the works were to items effectively deemed a service (i.e. something that contributed to the structure or support of the building). Owners corporations need to be careful that they incur the costs of completing private lot works in accordance with the Act and strike levies appropriately. In most cases, the private lot owner should bear the major responsibility for the costs of any works associated with private lot property. However, each case must be assessed on its precise facts and according to what the plan of subdivision provides.

Phillip Leaman Tisher Liner FC Law E: ocenquiry@tlfc.com.au P: 03 8600 9370

This post appears in the March 2024 edition of The VIC Strata Magazine.

Question: The neighbour upstairs is installing an air conditioner on our wall. We’ve never been asked about the installation. How do we have it moved?

Our upstairs neighbour is installing an air conditioner. Although there appears to be room on their wall to install the unit, they’re installing it on the exterior back wall of our apartment. We have not received any information or request for this installation.

The owners of the unit refuse to reconsider. Do they have the authority to install the unit on this wall? How can we have the unit moved?

Answer: Clarify the ‘ownership’ of the wall and the surrounding lot boundaries with your OC Manager before considering your next steps.

I suggest clarifying the ‘ownership’ of the wall and the surrounding lot boundaries with your OC Manager before considering your next steps, along with receiving confirmation as to whether the OC Committee approved the installation.

Although you’ve said it is ‘your’ wall, it is often the case that the outer half of a wall is the property of the Owners Corporation. If this is the case and the OC Committee has provided approval for the installation, you would need to submit a formal OC complaint seeking its removal/repositioning. If the OC Committee has not approved the installation, they should be informed and the OC Manager will help them arrange removal or repositioning elsewhere. Please note, however, that there have been instances where OC’s have tried to order removal/repositioning of an air conditioner and failed because the courts deemed it unreasonable to have to do so. Unless you can prove the air conditioner is genuinely impacting your peaceful enjoyment of the property, you and/or the OC may have difficulty attaining your desired solution.

If the wall is private (entirely owned by yourself and/or within your private lot boundary), you are entitled to arrange the air conditioner’s removal from your property however I recommend being careful not to damage it. If you wanted to proceed down this route, I’d strongly recommend giving the owner of the air conditioner a written warning to give them a final opportunity to remove it.

If in doubt or neither of the above suggestions are fruitful, I recommend seeking independent legal advice.

Callum Wilson Bright & Duggan E: callum.wilson@bright-duggan.com.au P: 0427 339 980

This post appears in the February 2023 edition of The VIC Strata Magazine.

Question: If an owners carries out substantial renovations without seeking approval from the owners corporation, does this affect our strata insurance?

One of the owners in our black of 4 units carried out renovations, adding an extra bedroom in the roof space. They did not seek any approval from the owners corporation. They are now selling the unit.

Do the unapproved renovations affect our strata insurance? How do we resolve this.

Answer: Strata insurance is designed to factor in that owners will renovate their property from time to time.

Strata insurance covers building improvements, fixtures and fittings and does not require those items to be approved by the Owners Corporation in order for cover to apply. The owner just needs to demonstrate the property meets the definition of “insurable property” or “building” in accordance with the insurers Product Disclosure Statement.

Therefore, the owners unapproved renovations do not impact insurance as such – but for the following exceptions:

The renovations result in claims; or

The renovations require the building sum insured to be increased to cover the additional cost of those renovations. Even in such instances, an additional cover under some policies for “Lot Owners Fixture & Fittings” is designed to cover this shortfall.

Strata insurance is designed to factor in that owners will renovate their property from time to time.

Tyrone Shandiman Strata Insurance Solutions E: tshandiman@iaa.net.au P: 1300 554 165

This information is of a general nature only and neither represents nor is intended to be personal advice on any particular matter. Shandit Pty Ltd T/as Strata Insurance Solutions strongly suggests that no person should act specifically on the basis of the information in this document, but should obtain appropriate professional advice based on their own personal circumstances. Shandit Pty Ltd T/As Strata Insurance Solutions is a Corporate Authorised Representative (No. 404246) of Insurance Advisenent Australia AFSL No 240549, ABN 15 003 886 687.

This post appears in Strata News #624.

Question: I installed two air conditioning units for my apartment without approval. The owners corporation has insisted I move the external units to an unworkable location. Can they insist on this?

I live in an 8 unit, 2 story apartment complex. I installed two external air conditioning units outside my unit on the first floor prior to owners corporation approval.

The owners corporation has stated they want me to move the external section of the air conditioner. The spot they have indicated is not a viable option as per various air conditioner technicians.

Can the OC reasonably request this change and prevent me from providing heating and cooling to my own unit?

Answer: We recommend you obtain one or two contractor’s reports to support your proposal.

The owners corporation model rules allow it to regulate the exterior appearance of a lot (even if it is private property). That said, an owner could obtain a written consent from the owners corporation to instal air conditional units and must not unreasonably withhold consent. We recommend you obtain one or two contractor’s reports to support your proposal. That would likely compel the owners corporation to favourably consider your proposal. We wish you luck with your consent application to the owners corporation.

Rochelle Castro RC & Co Lawyers E: law@rccolawyers.com P: 1300 072 626

This post appears in Strata News #571.

Question: One lot owner in a small villa scheme has painted the outside of their lot without approval. The result is vastly different from the other lots. As the painting has been completed, what can we do?

I am a lot owner and occupier in a small self-managed Owners Corporation of 4 villas. 3 villas are owner-occupied.

We have 1 rogue owner who does what they want without any discussion. They have recently painted the exterior of their unit without approval. The wall is highly visible from the exterior of the property.

Is this acceptable? Does an exterior wall have to border common property for the lot owner to require approval for repainting? This unit now stands out from the others.

As the painting is now complete, can they be ordered to strip the walls back to the original brickwork?

Answer: Enforcement is the hardest part.

The Owners Corporation Act states that you can not make significant alterations without special resolution, that being said….

The Owners Corporation can issue this owner with a breach notice and then a final notice. This will give them an initial 28 days to comply plus a further 28 days to comply.

If they still do not comply, the Owners Corporation is able to put in an application for VCAT. If they handle this matter themselves, they are looking at around $2,000. If the Owners Corporation decides to use a lawyer, this will most likely cost $5,000 – $7,000. They will most likely be awarded losses by the courts, but there will be a margin on this.

Following this there will be an order. The OC can carry out the works to the property and charge the owner (although getting access onto their property could be an issue), or the lot owner can carry out the order on their own.

Breach of rules for VCAT are at a 12 month wait period at the moment.

As this is not a black and white matter, the OC will need to check the boundary on the plan of subdivision. Change of outward appearance is a subject of matter ie. people have different opinions. Without seeing what the colour difference is, it is also hard to comment.

If the lot in question is on the boundary, the OC will have a better argument at VCAT. if it is within the lot’s boundary, it will most likely be harder to win and much harder to enforce.

Enforcement is the hardest part.

Tristan Veurink Civium Communities E: tristan.veurink@civium.com.au

This post appears in the March 2022 edition of The VIC Strata Magazine.

Question: My downstairs neighbours have unsightly and offensive objects in their window. Our building is a very nice, refurbished block and their window display is inconsistent with the rest of the units.

I am a lot owner in the process of selling my apartment.

The tenants in the apartment below have unsightly and offensive objects (e.g. Halloween related) in their window. The window is situated directly in front of my car space. The items have been there for several months.

Can I request that the owners corporation ask the tenants to remove these offensive objects? I’m concerned they will put off potential buyers. It is unlikely that these objects will be removed anytime soon.

Our building is a very nice, refurbished block and the way they keep their window is inconsistent with the rest of the units.

Answer: Determine if the owners corporation has special rules that it could compel residents to not install objects in their windows that are visible from street view.

The owners corporation is empowered, through the model rules, to provide reasonable consent to owners/tenants on proposed alterations of their exterior lot. Decorations visible from street view would unfortunately not form part that model rule.

That said, the owners corporation is also empowered to make special rules of not permitting owners to install objects on windows that are visible from street view.

Before you decide to approach the owners corporation to require the tenant to remove the Halloween decorations (as it is well after Halloween), it is prudent that you determine if the owners corporation has special rules that it could compel residents to not install objects from their windows that are visible from street view. Absence of such a special rule, in our view, would unfortunately not permit the owners corporation to compel the tenant to remove the relevant Halloween decorations.

Rochelle Castro RC & Co Lawyers E: law@rccolawyers.com P: 1300 072 626

This post appears in Strata News #550.

Question: A lot owner has requested to install double glazed windows, and replace the wooden frames with new material. Is a Special Resolution required? There is much debate in the block on the right to do this.

Answer: Altering of window frames would be deemed to be a significant alteration as it would have an impact on the overall visual appearance of the property

The Owners Corporation Act in Section 52 states the following

52 Significant alteration to common property requires special resolution

An owners corporation must not make a significant alteration to the use or appearance of the common property unless—

the alteration is—

S. 52(a)(i) amended by No. 2/2008 s. 12(2).
1. first approved by a special resolution of the owners corporation; or
2. permitted by the maintenance plan; or
3. agreed to under section 53; or

there are reasonable grounds to believe that an immediate alteration is necessary to ensure safety or to prevent significant loss or damage.

In my opinion the altering of window frames would be deemed to be a significant alteration as it would have an impact on the overall visual appearance of the property, no different to painting the unit a different colour.

Rob Harris WestVic Strata E: robharris@westvicstrata.com.au P: 0418 977 783

This post appears in the August 2021 edition of The VIC Strata Magazine.

Question: What approvals do I need to install solar power or air conditioning on the roof?

Answer: If you are installing equipment on common property then you will need to obtain approval from the Owners Corporation.

If you are installing equipment on common property then you will need to obtain approval from the Owners Corporation.

You may also require a permit from your local council and sign off from a building surveyor.

Gregor Evans The Knight Email P: 03 9509 3144

This post appears in Strata News #496.

Question: A lot owner has converted their garage into a bathroom without advising or seeking permission from the owners corporation. What can be done now that the renovation has been completed?

Answer: By not informing the Owners Corporation, potentially they have breach the Owners Corporations Act.

My belief would be that changing a garage to a bathroom would require a building permit. My understanding would be that they would have needed to inform the Owners Corporation of the works. Obviously they didn’t. Therefore, potentially they have breach the Owners Corporations Act.

The Owners Corporation could follow part 10 of the Owners Corporations Act, which is the dispute resolution Section of the Act and that is issuing a breach notice to the the owner. However it may be futile because they’ve already done the works and therefore, the Owners Corporation could look to go to VCAT. I guess the question has to be asked -, what is VCAT going to determine in regard to the situation? Are they going to turn around and say, ‘Well, it’s illegal, you can’t do that’? If Council has provided approval for the works to proceed, VCAT may side with council, saying well, it’s fine.

There’s also another requirement that stipulates if you change the use of a lot that affects the insurance taken out by the owners Corporation. With the changes to the owners Corporations Act coming in as of the 1 December. Under this new rule, if an individual lot owner change the use of a lot and that change affects the insurance premium, the lot owner is responsible for the increase in the insurance premium. This is something to be mindful of.

Gregor Evans The Knight Email P: 03 9509 3144

This post appears in Strata News #496.

Question: What is the approval process to renovate my unit? Do I need to obtain approval? Can the committee approve the works? In Victoria, do I need to create a by-law? Are some renovations classed as minor works that don’t need approval?

Answer: If it’s major work that is going to cause potential structural changes in the apartment or create noise and inconvenience to others, then yes, approval will be required by the Owners Corporation as per best practice.

In NSW, they’re referred to as ‘bylaws’. In Victoria, we call them ‘Owners Corporation Rules’.

There is the ability for an Owners Corporation to create rules. There are default rules, which are referred to as model rules of an Owners Corporation, however, the Owners Corporation can create additional rules in regard to certain things. Schedule 1, which joins the Owners Corporations Act, stipulates what categories an Owners Corporation can make rules under. One is in relation to the use of lots and my understanding is building works as well.

A lot of the time you’ll see Owners Corporation rules refer to the process for an owner to actually get the private works approved by the Owners Corporation. Good practice is that there’s a document that is sent to the Owners Corporation outlining the proposed works, and also how they are going to deal with any inconvenience that may arise affecting their neighbours, whether that’ noise or the delivery of building materials into the apartment complex or a different type of Owners Corporation property. Whether it’s how to book the lift, and dealing with the Owners Corporation Manager regarding that. It’s important the communications are there. That a lot owner informs the Owners Corporation Manager who in turn will inform the committee of management.

There’s also another requirement of the Owners Corporations Act that stipulates that if a lot owner is undertaking works that requires either a planning permit or a building permit, they must inform the Owners Corporation of the work.

When it comes to minor works that don’t require such a permit such as painting your apartment, my understanding is that you don’t need to really inform the Owners Corporation of that. However, if it’s major work that is going to cause potential structural changes in the apartment or create noise and inconvenience to others, then yes, approval will be required by the Owners Corporation as per best practice.

Gregor Evans The Knight Email P: 03 9509 3144

This post appears in Strata News #491.

Question: I’d like to renovate my duplex. I’ve asked the other duplex owner for approval to change the appearance of the lot but never received a reply. Can I take this as approval or how do I progress?

I live in a duplex in Victoria. We have an owners corporation, however, it is inactive and hence there are no meetings etc. There is no common property other than shared services (e.g. common driveway).

I am looking to renovate my unit with an extension. This will change the external appearance of the building.

I have written to the other lot owners to ask for their approval asking as per the model rules, however I have not received a reply. The other unit is rented and I have never met the owners. In these circumstances, can I ‘deem’ approval from the Owners Corporation? If not, how do I progress in such a scenario?

Answer: You will need to persevere and exhaust all avenues to seek written permission from the parties involved.

For anyone wanting to undergo any changes to any part of the “external” façade, permission must be granted by the owner’s corporation (OC) regardless of size.

As a member of an OC, by seeking permission, the owner wanting to make the changes to their lot exercises their obligations and due diligence based on both the model rules and the OC Act 2006.

At times, due to a lack of response from other members, an owner will need to persevere and exhaust all avenues to seek written permission from the parties involved. If other lots are tenanted, the owner may need to contact the property manager or real estate office caring for the tenants and seek the landlord’s contact details. By obtaining written permission from the OC, potential conflict or interrogation from possible future owners buying into the OC can be avoided. If lot owners simply “presume” approval based on a complete lack of communication, it can come back and seriously bite them in the hip pocket. There may be serious legal consequences against any lot owner who undergoes any external renovation simply because “no-one objected vocally” or “they couldn’t contact anyone”. These arguments will surely not stand up in a court of law. There is no basis to “ deem” approval. The OC (active or not) must be aware of ALL detailed changes affecting the external façade and be given the opportunity to discuss both the physical and/or possible financial implications prior to granting permission. It is advisable to document all correspondence and/or attempts to communicate with the OC.

At times, there may be lot owners who disagree with ANY change to the outside of the property. If this occurs within your OC, there are three steps you can take.

Internal mediation: All owners can meet, discuss the proposed alterations and attempt to reach an agreement or at the very least a compromise.

External mediation: The OC can seek external mediation or a review with the Dispute Settlement Centre of Victoria (DSCV). Both parties can claim their case with a mediator present in the hope of reaching a resolution.

VCAT: Yes, there is always VCAT. Hoping it doesn’t reach this point, but if necessary, the owner concerned can always plead their case in VCAT, again with the hope that a compromise can be reached.

For any of the above steps to be taken, it’s clearly evident that communication between the parties concerned is necessary. A determined effort to reach all concerned must be made.

When anyone is part of an OC, there are always correct and lawful processes that need to be followed. It is always best to initially discuss any suggestion, alterations or changes of any sort affecting the external part of the building and in turn, the OC collectively. This is usually discussed and resolved at an AGM or a committee meeting if necessary. If the OC is too small to have a committee, the correct processes outlined in the model rules and the OC Act 2006 must still be observed. This way, when all avenues and procedures have been diligently followed, the approved external alterations granted by the OC can proceed with the confidence that all legal bases were covered.

Guy Garreffa StrataPoint E: guy@stratapoint.com.au P: (03) 8726 9962

Disclaimer: The above is general advice and direction and should be considered as such. If necessary, legal representation should be pursued on how to proceed.

This post appears in the June 2021 edition of The VIC Strata Magazine.

Question: We have a lot owner in our building who wants to carry out an extension to their apartment. What are the implications of their proposal?

We have a lot owner in our mixed use building of around 200 lots who wants to carry out an extension to their apartment. The renovation will extend onto a reasonably large terrace area which the lot owners do not use.

What are the implications of their proposal? Is it possible for them to achieve their desired outcome? I would’ve thought that it would be very difficult getting the required approvals?

Answer: Undertaking modifications of this nature is not impossible but nor does it come without complexities.

Undertaking modifications of this nature is not impossible but nor does it come without complexities. As there are a multitude of variables that will need to be taken into consideration, including those that would apply outside of the powers and function of an Owners Corporation (for example requirements under the building code and local council building permit applications) some further information should be reviewed.

From the perspective of the Owners Corporation, it is of primary importance to identify the registered boundaries of legal ownership, in particular the area where it is planned for the extension to take place. This can be determined by examining the applicable registered plan of subdivision for your building.

If the proposed extension is strictly confound to boundaries that form a part of the title encumbrance of their Lot, the owners may be able to apply for, and be granted the required permits allowing them to extend their terrace – noting that whilst there may be a balustrade / balcony rail cordoning off their terrace to a particular point, the registered title boundary may not be defined by the building or structures, extending further than the physical components of the terrace.

As to whether or not the owner will be able to meet the prerequisites to obtain approval or otherwise be faced with difficulties in doing so, will be dependant on the requirements of their building and / or the councils municipal surveyor. As the extension is a visible modification to the outward appearance of the Lot, the Owners Corporation could potentially rely upon enforceable rules pertaining to external changes being made to a Lot. Keeping in mind however that the proposed extension may not necessarily adversely affect the appearance of the property or their Lot, as they only plan to extend what already exists and that the installation of fixtures, fittings / other elements involved with this are not expected to be changed and are therefore in line with the existing building design, features and overall aesthetics. As your Owners Corporate may also have registered rules in addition to the Model Rules of an Owners Corporation, there may also be specific regulations in regard to this it is possible for you to refer to.

In the event it is identified that the proposed modifications do however extend beyond the registered title boundaries of the Lot and are intended to encroach onto common property, there are a number of provisions under the Owners Corporation Act and Model Rules that prohibit this without explicit consent and formal approval being granted by the Owners Corporation. An example of this would be a lease agreement being entered into between the Owners Corporation and the Lot owner, allowing exclusive use / access of the section of common property they intend to extend to as a part of their terrace (this may be a 99 $1.00 per year peppercorn lease arrangement or a negotiated amount payable to the Owners Corporation representing market value to ‘have exclusive access’ to this area by lease / licence payable to the Owners Corporation – which may incentivise owners to vote favourably especially if this is an unusable, inaccessible or redundant space). In accordance with the Owners Corporation Act, such an agreement cannot be decided upon and entered into by the Committee and would be subject to a Special Resolution of the Owners Corporation being achieved – whereby 75% of the registered Lot Entitlement & Liability would be required not only vote toward the motion, but also be voting favourably toward this.

In summary, the proposed extension could potentially proceed if practical however unless this is within the registered title boundary of their Lot the Owners Corporation would need to grant approval and formalise an agreement that allows for them to do so.

Michael Darby Quantum United Management Pty Ltd E: michael@quantumunited.com.au P: +61 3 8360-8800

This post appears in the April 2021 edition of The VIC Strata Magazine.

Question: I’d like to renovate my one-story unit by adding an extra story. Do I need owners corporation approval for this renovation?

I’m thinking of adding an extra story on to my ground-level, one-story unit. Do I need owners corporation approval?

I don’t know how to interpret the title as to where the external boundaries are and therefore whether I own the external walls or not. If I do own the external walls and the renovation is kept within that boundary and airspace, would this mean I can avoid owners corporation approval, or would I still need approval because I will be changing the appearance of the lot?

Furthermore, would I need a voting approval for any other reason, like allowing the builders to use any common ground whilst carrying out the renovation?

Answer: it is always good practice to inform the Owners Corporation (OC) of any major works relating to a lot.

At the very least out of courtesy, it is always good practice to inform the Owners Corporation (OC) of any major works relating to a lot. Regarding OC approval, the plan of subdivision (POS) is the place to start.

Before commencing any work, it is advisable to seek the direction and guidance of a licensed surveyor in the reading and interpreting of your rights, permissions and “boundary ownership” as the lot owner.

Even though you may have the “right” to alter your lot, this will no doubt have an impact on the external appearance, thus affecting the “collective look” of the building or property. This may require approval from the OC. Your initial point of reference will be your POS. Then openly discuss with the OC what your intentions are and whether you can proceed with the desired changes.

Again, it would be considerate to advise the OC along with all onsite residents who may be “inconvenienced” with the additional traffic while building works are in progress. I would imagine you would not need specific approval to allow contractors on site if the OC has already approved the works. Simply inform everyone of an ETA and the duration of the works as a courtesy.

Guy Garreffa StrataPoint E: guy@stratapoint.com.au P: (03) 8726 9962

This post appears in the November 2020 edition of The VIC Strata Magazine.

Question: In a small self managed scheme, I’d like to install a clothesline and make other external renovations. There is no consistency with the external appearance of the lots. Do I really have to wait for approval until the next meeting before I can proceed?

I own a unit in a small block of 6 apartments. It is a self managed two story scheme. We all have rear balcony. All are different, some tiled and with different screen doors. Some lot owners have furniture, refrigerators or cupboards on their balconies.

None of this bothers me, however, recently I installed a small clothes line in this space, which is on my title and not common property. The manager believes I should have asked the other owners for approval. I would also like to replace the existing windows and my front security door. I will have to wait until our meeting later in the year for approval.

Because of inconsistencies in the appearance of the scheme and the fact the clothesline is on my title, I feel I should have to justify anything or seek permission.

I have emailed all of the other owners asking for permission and to date none have replied regarding my plans. Do I really have to wait until the meeting before I can proceed?

Answer: Even if inconsistencies exist, it would be in your best interest to follow the correct procedure.

It sounds like there may be some inconsistencies around how the owners corporation is being managed, along with the enforcement of by laws.

Although even if this is the case, it would still be in your best interest to follow the correct procedure in line with the legislation, which would be to submit a written request to the Committee/Owners Corporation if you wish to make any changes to the appearance of your lot and this would include your small clothes line, windows and front security door.

Unfortunately with your current owners corporation it does appear that you may have to wait until the meeting later in the year to have things addressed.

Should this time frame be too long for you, it would be an idea to also request in writing a possibility of the owners corporation holding an earlier meeting to address these matters and or even possibly engage a professional strata management company who may have more time to ensure that things are managed promptly for all owners.

If you are not satisfied with the responses you receive from your owners corporation, you may like to speak with Consumer Affairs Victoria for some advice.

Jane Giacobbe Strata Reports Victoria & NSW E: info@srvic.com.au P: 0402 341 848

This post appears in the September 2020 edition of The VIC Strata Magazine.

Question: Do you need Owners Corporation approval for installation of soundproofing seals to the existing timber front door of the unit?

Do you need Owner’s Corporation approval for installation of soundproofing seals to the existing timber front door of the unit?

The door itself would be left unchanged but seals would be installed, again for the purposes of noise reduction.

Answer: You need to consider whether or not the door is on or in common property.

You need to consider whether or not the door is on or in common property. If it is, this would require consent (at the very least) of the Owners Corporation. Your manager will confirm this for you.

If you have determined the door is private property, then you only have several points to cover off.

For example, if you do not intend to change the external appearance of the door, then you shouldn’t need to seek consent of the Owners Corporation under 5.2 of the Model Rules. If it will change the appearance, again you will need Owners Corporation consent.

Regardless, one very important factor to confirm is whether the door is classified as a fire door.

If so, there may be requirements which must be adhered to when modification works are undertaken. Fire doors are often standard in front doors of apartments for safety. Any changes to the seal of the door or frame may result in altering fire ratings or intended fire safety for your apartment.

It is critical to check that the changes you intend to carry out will not void any fire safety compliance of the building.

My best advice is to check with your Owners Corporation manager before making any changes.

Joel Chamberlain Horizon Strata Management Group E: joel.chamberlain@horizonstrata.com.au P: 03 9687 7788

This post appears in Strata News #397.

Question: Do you need Owners Corporation approval for internal installation of secondary glazing?

Do you need Owners Corporation approval for internal installation of secondary glazing, whereby a second window is installed behind the external window for the purposes of reducing noise?

The external appearance of the original window would be unchanged.

Answer: Do you have additional or consolidated rules for your Owners Corporation?

This question requires consideration of several factors to be able to determine the correct answer.

The first point to consider is if you are installing the second window in your own property (inside your lot boundary). I would assume you are, so there’s only a couple of other small factors to consider.

As you say, the external appearance of the lot will remain unchanged after the installation. This is good, as if it was to change, then you would need to seek the Owners Corporations consent prior to proceeding. See Section 5.2 and 5.3 of the Model Rules:

5.2 External appearance of lots

An owner or occupier of a lot must obtain the written approval of the owners corporation before making any changes to the external appearance of their lot.

An owners corporation cannot unreasonably withhold approval, but may give approval subject to reasonable conditions to protect quiet enjoyment of other lot owners, structural integrity or the value of other lots and/or common property.

5.3 Requiring notice to the owners corporation of renovations to lots

An owner or occupier of a lot must notify the owners corporation when undertaking any renovations or other works that may affect the common property and/or other lot owners’ or occupiers’ enjoyment of the common property.

It is always common courtesy to advise the Owners Corporation about your renovations. Your intended change doesn’t necessarily fall under Section 5.3 above, but it is always nice to know what’s going on just in case there are any issues that may arise.

The second factor you should consider is whether or not you have additional or consolidated rules for your Owners Corporation.

Some Owners Corporations have additional or consolidated rules which are in addition to the model rules. These should always be registered (to be valid) and in keeping with the Owners Corporation’s power to make rules – Schedule 1 of the Owners Corporation Act 2006.

These rules may have conditions about external or internal window finishing’s which are in place to keep control over materials, colours or finishes. Although it can be dull from a design perspective, keeping appearances uniform for a whole building is in fact better than having a patchwork quilt scenario.

If there are no additional or consolidated rules which touch on windows, finishes or otherwise, then it appears your intended upgrade can proceed.

As always and to be safe, check with your Owners Corporation manager before proceeding.

Joel Chamberlain Horizon Strata Management Group E: joel.chamberlain@horizonstrata.com.au P: 03 9687 7788

This post appears in Strata News #394.

Question: Do I need approval from the Owners Corporation to erect a semi permanent partition inside my 1 bedroom open plan apartment and create an extra bedroom?

I own a large open plan 1 Bed apartment. I wish to divide part of the apartment to use as a bedroom by putting a partition up. The partition need not be permanent. Do I need the Owners Corporation permission to make this modification? I will not be changing any structure. The door will just be affixed to a frame affixed to the wall or something similar.

The changes are all for personal use and the occupants would all be related, so I believe no occupancy limits will be breached.

As all changes are not permanent, it could be changed back to the original layout if I vacate the apartment for any reason in the future.

Answer: Owners Corporation approval is not required for your suggested room changes.

The good news is that the Owners Corporation’s approval is not required for your suggested room changes.

Should you wish to change the use of the lot for subletting purposes or to advertise with an extra bedroom through the conversion of the WIR, then you would be required to take it to the Owners Corporation and you may find that it is not permitted by Council due to the planning permit’s details.

Jane Giacobbe Strata Reports Victoria & NSW E: info@srvic.com.au P: 0402 341 848

This post appears in Strata News #380.

Question: A tenant in our building has put a couple of vegetable planter boxes in their car parking space. Would this require owners corporation approval?

What are the rules/laws in Victoria relating to a tenant putting a couple of portable/removable vegetable planter boxes in their car parking space instead of parking a car?

The boxes are quite pretty and are not blocking anyone’s view. Would this require owners corporation approval or be governed under ‘quiet enjoyment of their space’?

Answer: The Model Rules stipulate that any changes to the external appearance of private lots must be approved by the Owners Corporation.

In order to change the use and appearance of the car space in this manner, you will need permission of the Owners Corporation. The Model Rules stipulate that any changes to the external appearance of private lots must be approved by the Owners Corporation. We refer to the extract below:

5.2 External appearance of lots

An owner or occupier of a lot must obtain the written approval of the owners corporation before making any changes to the external appearance of their lot.

An owners corporation cannot unreasonably withhold approval, but may give approval subject to reasonable conditions to protect quiet enjoyment of other lot owners, structural integrity or the value of other lots and/or common property.

If your Owners Corporation has its own rules, we also recommend you review them to see if there are any rules pertaining to changing the use of car parking spaces.

As the planter boxes likely constitute a change in the external appearance, we would suggest approaching the committee of management of your building with details of what you are planning to install and asking them to approve it before going ahead.

You should also ensure that the area has adequate drainage and there will be no run off into other lots when watering the planter boxes. We note that the tenant would be responsible for any water damage resulting from any watering activity. You may wish to consider this in your application to the committee.

Answer provided by Alex Smale – Owners Corporation Manager, The Knight.

Alex Smale Owners Corporation Manager The Knight Email

This post appears in Strata News #371.

Question: What is the protocol or procedure for a lot owner of a strata titled apartment to install central heating in Victoria?

What is the protocol or procedure for a lot owner of a strata titled apartment to install central heating in Victoria?

My apartment is on the ground floor and there is access beneath the building.

Answer: The procedure varies for each Owners Corporation.

The procedure really does vary for each Owners Corporation but the below steps are what you should follow to determine the correct protocol:

Ask your Owners Corporation Manager for a copy of the Plan of Subdivision and Rules, to determine whether there are any specific rules or guidelines around installing heating or similar works.

You would also reference the Plan of Subdivision to see whether there are any common boundaries etc as these may affect the proposed works.

You would need to obtain drawings and specifications from a qualified professional who would be carrying out the works, and all of that information must be provided to the Committee and Owners Corporation for approval.

It should be noted that item 5.3 from the Model Rules requires “an owner or occupier to notify the Owners Corporation when undertaking any renovations or other works that may affect the common property and/or other lot owners’ or occupiers’ enjoyment of the common property”, so it is imperative that you advise the Owners Corporation of any proposed works around installing any central heating. You may also find that your owners corporation manager is able to provide some guidance with this process too.

We hope the above has been helpful but please feel free to contact us if you have any further questions.

Jane Giacobbe Strata Reports Victoria & NSW E: info@srvic.com.au P: 0402 341 848

This post appears in Strata News #348.

Question: Would I need approval from the owners corporation to install plantation shutters in my apartment? I’m concerned about changing the external appearance of the lot.

Is the installation of internal plantation shutters considered “cosmetic”? Would I need approval from the owners corporation to install these in my apartment? I’m concerned about changing the external appearance of the lot.

Currently all units have internal micro Venetian blinds. Many in my property are broken and need replacing.

Answer: As the change from venetian blinds to plantation shutters is a change in the external appearance of the property, you should seek the approval of committee of management to make the change.

There are two relevant pieces of legislation to consider in this question.

The first is section 129 of the Owners Corporation Act which stipulates that a lot owner must “properly maintain in a state of good and serviceable repair any part of the lot that affects the outward appearance of the lot.”

Further, section 48 of the Owners Corporation Act which allows an owners corporation to serve a notice of repair on a lot owner who is not keeping their lot in a state of good repair.

If you are concerned about how the broken shutters are impacting the outward appearance of the lots, you may ask your Owners Corporation Manager to serve a notice of repair on the relevant lots.

The second is that there are certain restrictions on how lot owners can amend the external appearance of their property in an owners corporation environment. We refer to the below from the Model Rules which apply to all owners corporations:

5.2 External appearance of lots

An owner or occupier of a lot must obtain the written approval of the owners corporation before making any changes to the external appearance of their lot.

An owners corporation cannot unreasonably withhold approval, but may give approval subject to reasonable conditions to protect quiet enjoyment of other lot owners, structural integrity or the value of other lots and/or common property.

As the change from venetian blinds to plantation shutters is a change in the external appearance of the property, you should seek the approval of committee of management to make the change. We recommend providing your committee with a detailed scope and image of what you are intending to install. Consideration should also be given to maintaining a consistent aesthetic (for example ensuring the new blinds are of a similar colour and design) as this will mean your committee will be more likely to approve the change.

You should also check to see if there are any special rules specific to your property that stipulate what type of blinds may be installed. You should ensure any request to amend the external appearance is in line with these rules.

Alex Smale Owners Corporation Manager The Knight Email

This post appears in Strata News #344.

Question: I’m looking at doing some major renovation work to my apartment. What Owners Corporation approval is required? Do I need a majority or unanimous decision?

I own and live in one of five units. I wish to update my unit with new bathrooms, kitchen etc. I would dearly love to render the front of the unit, which has the street frontage. I respect the other unit owners wishes in regard to asking their permission to do so.

My question is, do I need a majority or unanimous decision?

Answer: A significant change to the outward appearance would require 75% resolution.

The internal renovations are a private matter in that it is internal and as long as it does not involve the removal of walls etc then Owners Corporation consent is not an issue.

The changing of the outward appearance is a different matter. Without seeing the Plan of Subdivision it is difficult to provide guidance on this matter. It may be that if the plan is not specified in the determination of the boundary, ie internal face or external face, then it is deemed to be the median. In this case and in the case of an internal face as the boundary then the outer surface would be common property and therefore require Owners Corporation approval with a minimum of 75% resolution as it would be a significant change to the common property.

This would even apply where the surface external paint colour is to be changed. For example, if the whole of the complex is to be repainted and it is painted the same colour then this is defined as maintenance. If the colour is to be altered, it is deemed an improvement and a 75% special resolution is required to determine the acceptable new colour.

I would suggest in this instance the same requirements would apply as it is changing the appearance of the unit and therefore a significant change to the outward appearance therefore 75% resolution applies.

Stuart Mellington OwnersCorp Aust (Asset) Management t/as Select OwnersCorp Management E: stuartm@selectocm.com.au P: 9862 3730

This post appears in Strata News #153.

Have a question about whether you need Owners Corporation approval for renovations or something to add to the article? Leave a comment below.

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This article is for reference purposes only and is not intended to be a comprehensive review of the developments in the law and practice or to cover all aspect of the subject matter. It does not constitute legal or other advice and should not be relied upon this way. Readers should take legal or other advice before applying the information containing in this publication.

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