WA: Q&A Applying For Unit Renovations

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These Q&As about applying for unit renovations in Western Australia have been answered by Andrew Chambers, Chambers Franklyn Strata Management and Brian Rulyancich, StrataTAC.

Question: We are seeking approval to install new laminate flooring in our apartment. Strata tell us the flooring must be installed by the building manager. Is this reasonable?

We are carrying unit renovations and asking for approval to install laminate flooring in our apartment.

We have organised the installation of the underlay and the flooring through an external flooring company, however, the strata is telling us that the building manager has to install and then look at the underlay laid down.

We want the whole process to be done by the professional flooring company. Is it reasonable for them to make this rule?

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Answer: Internal fit out is the responsibility of each lot owner.

I find it difficult to understand why the building manager would have to carry out the install. What qualifications in this area does he have?

Is there a by-law in place concerning floor coverings and timber or laminated flooring?

If yes, I would like to see the wording. It could be deemed discriminatory. Internal fit out is the responsibility of each lot owner. They are the owner of that area and therefore they would approve who will enter their lot and perform the required work.

The responsibility of you as a lot owner is to comply with the by-laws. In this instant Schedule 2 Conduct by-laws item 10 Floor coverings clearly states:

An owner of lot must ensure that all floor space within the lot (other than that comprising kitchen, laundry, lavatory or bathroom) is covered or otherwise treated to an extent sufficient to prevent the transmission therefrom of noise likely to disturb the peaceful enjoyment of an owner or occupier of another lot.

You would need to comply with this by-law and there may be a situation where the strata company needs to check the installation to ensure that it meets the requirements of the act and the by-laws.

As the type of flooring you are installing can be a sensitive issue to neighbours due to the potential noise transmission it is essential you keep your strata manager/council of owners fully informed as to what you are doing and the materials to be used.

This post appears in Strata News #348.

Brian Rulyancich
StrataTAC
T: 0428 970 067
E: [email protected]

Question: We would like to add a second story to our freestanding unit. Do I need unanimous approval for renovations from all lot owners before I can proceed to put a building application to the council?

I own a unit which is freestanding and is part of a complex of 7 in WA. We are keen to add a small second story, which will obviously have to conform to all building regulations etc.

Do I need unanimous approval of all owners before I can proceed to put a building application to the council, etc?

Will the new WA Strata regulations impact the Strata approval process?

Answer: You will require a resolution without dissent at a duly convened meeting.

Alteration to lots are covered under Section 7 of the Strata Titles Act, 1985. In essence, you will require a resolution without dissent at a duly convened meeting at which you will need to have submitted full plans etc.

Section 7 explains the requirements and grounds for dissent.

This post appears in Strata News #323.

Andrew Chambers
Chambers Franklyn Strata Management
P: 08 9440 6222
E: [email protected]

Please note that the above should not be constituted as legal advice, rather my own personal opinion. If in doubt then you should seek legal advice.

Have a question about applying for unit renovations in Western Australia or something to add to the article? Leave a comment below.

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Please note some of this advice was provided prior to the proclamation of the new strata title amendments and will be updated in due course.

Read next:

• WA: How Will the New Strata Titles Legislation Affect our Council of Owners?
• WA: Q&A Cost Recovery By Law and Recovering Outstanding Fees

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