Renovation Application Form

The first step to get a renovation application form, is contacting O’Neill Strata. Once the form is filled, it has to be returned to them. Their email address is Deena@oneillstrata.com

Please, keep reading to understand all your obligations before, during and after the renovation.

You can download the renovation application form from the following link.

Renovations To A Lot

Owners proposing to undertake renovations to a lot should review this factsheet and are required to complete the accompanying application form and checklist. The completed application form and checklist, along with any supporting documentation, should be submitted to the Owners Corporation Strata Plan 2539, care of O’Neill Strata Management. We will refer your plans to the Executive Committee of the Owners Corporation in an attempt to gain their approval at their next Committee Meeting.

The Strata Committee requires sufficient time to consider all aspects of this application and cannot, under ordinary circumstances be considered in less than 1 month. Where changes to Common Property and a Special By-Law are required, these can only be considered at an AGM or EGM.

Applications must be submitted together with plans or sketches of both Existing Conditions and Proposed Conditions to enable the Strata Committee to properly consider the proposal.

The Lot

In most strata schemes, the lot owner owns the inside of the unit but not the main structure of the building. Usually the four main walls, the ceiling, roof and the floor are common property. The internal walls within the lot (e.g. the wall between the kitchen and lounge room), floor coverings such as carpet and fixtures such as baths, toilet bowls and bench tops are all the property of the lot owner.

It is also important to note that while non-load bearing internal walls are not defined as common property, a Council Development Application may still be required where you are changing the dimensions of any room. The Council Development Application requires approval by the Owners Corporation.

Airspace

A lot owner effectively owns the airspace (and anything included in the airspace) inside the boundary walls, floor and ceiling of the lot. At Riviera the lot airspace includes balconies as the Strata Plan was registered before 1974. Everything within the airspace must be maintained at the owner’s cost.

Areas of Common Property

The following is a checklist for common property:

• Floor including a ramp or stairway
• Wall includes any door, window or other structure within the wall and its working parts;
• Ceramic tiles originally attached to a common property surface (e.g. the original bathroom floor or bathroom boundary wall);

pipes in the common property or servicing more than one lot (ducting panels);

• electrical wiring in the common property or servicing more than one lot;
• parquet and floor boards originally installed
• vermiculite ceilings and plaster ceilings;
• magnesite under the original carpets
• balcony doors are common property if the strata plan was registered after 1st July 1974, which is the case for Riviera
• load bearing columns or walls; the slab dividing two storeys of the same lot, or one storey from an open space roof area Or garden areas of a lot is common property if the strata plan was registered after 1st July 1974

Alterations to Common Property

Any proposed renovations to a lot that involve additions, modifications or damage to common property must be supported by an exclusive use by-law which is authorised by special resolution at a general meeting of the Owners Corporation.

Clarification of Common Property

The registered strata plan defines the boundaries between common property and lots in a strata scheme. If you wish to clarify any areas of common property for your strata scheme, please contact O’Neill Strata Management for further information.

Exclusive Use By-Law

If the alterations affect common property, an exclusive use by-law must be drafted (preferably by the lot owner’s solicitor). The solicitor will be aware of what terms and conditions the exclusive use by-law will need to contain with consideration to issues such as:

• That the work be performed by a licensed tradesperson. The lot owner should provide necessary details so that a licence check can be made.
• That the tradesperson is adequately insured and inclusive of public liability.
• That the lot owner is specifically documented as being responsible for the repair, maintenance, and/or replacement of any ‘works’ and that this responsibility passes to any subsequent lot owner.
• That the lot owner is responsible for reinstatement of any damage to common property.
• That the work will be performed whilst creating minimal disturbance to other residents and avoiding damage to common property. For example: Transportation of all construction materials, equipment, debris and other material will be managed in a manner reasonably directed by the Owners Corporation.
• All areas of the building outside of the lot will be protected from damage by the works or by the transportation of construction materials, equipment and debris in a manner reasonably acceptable by the Owners Corporation.
• All areas of the building outside of the lot will be kept clean and tidy throughout the performance of the works.
• The works will be performed during times approved by the Owners Corporation.
• The works will not create any noise that causes discomfort, disturbance or interference with activities of any other resident of the building.
• Debris will be removed immediately from the building during the works.
• The lot owner will comply with the requirements of the Owners Corporation to comply with any by-laws and any relevant statutory authority concerning the performance of the works.

Where an exclusive use by-law is required, plans, quotes, engineer reports, the proposed by-law and other supporting documentation must be presented to the Owners Corporation along with the lot owner’s written consent confirming that should the by-law be passed at the meeting by special resolution, that it can be registered at the Land and Property Information (LPI) Division of the Department of Lands (refer to Section 52 (1) (a) of the Strata Schemes Management Act 1996).

Special Resolution

Following receipt of the documentation, the Executive Committee should request the Secretary to add the motion for discussion at the next Annual General Meeting. However, if the lot owner wishes to expedite the process, they may, at their expense, request in writing that an Extraordinary General Meeting be held to resolve the matter.

The exclusive use by-law must be presented at the general meeting as a proposed special resolution. For a special resolution to be passed, at least 75% of the entitled and attending lot owners must support the resolution. If the motion is specially resolved (or no more than 25% of the unit entitlements vote against the resolution), O’Neill Strata Management will make the necessary arrangements to have the by-law registered with the LPI (at the cost of the requesting lot owner). A by-law must be registered within two (2) years of the passing of the resolution, otherwise the decision is considered lapsed and the motion would need to be passed again at another general meeting.

Any lot owners who fail to follow the correct procedures run the risk of having orders made for the reinstatement of common property to its original form.

Alterations Not Affecting Common Property

If the alterations do not impact common property, it is still a requirement that any alteration to the lot must be brought to the attention of the Owners Corporation. The lot owner, in accordance with Section 116 of the Strata Schemes Management Act (1996), must advise the Owners Corporation in writing giving 30 days notice of their intention to alter the lot. This provides the Owners Corporation with sufficient time to ask questions, or if necessary, make application for an order or interim order.

The Executive Committee may receive this advice and if satisfied, advise the lot owner that they acknowledge receipt of the notice and have no objections to the proposed alterations.

Note that the provisions of this factsheet and construction requirements including those outlined in Section 1 apply to ALL alterations, including those not affecting common property.

Reinstatement Of Common Property

Any lot owner who fails to follow the correct procedures runs the risk of having orders made for the reinstatement of common property to its original form at their expense.

Disclaimer: The content of this Factsheet is intended as a guide only and cannot be relied upon for legal advice. Owners should make and rely on their own enquiries regarding all aspects of the material. O’Neill Strata Management and the Owners Corporation disclaim any liability for negligence or otherwise in any way connected with this Factsheet.

Section 1 Works Contract

All residential building work in excess of $1,000 requires a written contract. Such contract must

comply with the Home Building Act 1989 and any relevant subsequent legislation. A copy must be supplied to the Owners Corporation.

Works Home Warranty Insurance

Home Warranty Insurance cover is required for any residential building work where the value exceeds $20,000 and requires the performance of a licensed tradesperson. A copy must be supplied to the Owners Corporation.

Bond

To ensure that any damage to the common property is repaired or replaced, a bond will be required to be lodged with the Strata Manager prior to commencement on site.

The value of the bond is depending on the size and type of works to be carried out and will be advised after the application is submitted.

Hours of Work

The hours of work are strictly limited to between 7:30 am and 4:00 pm Monday to Friday (excluding public holidays).

Note that no noisy work can commence prior to 8:00 am.

In addition, any work that will involve very loud noise, (such as mechanical removal of tiles, etc.) must be notified to the Building Manager at least 48 hours prior to start; notices within the building will be placed.

Compliance

All works must comply with the National Construction Code and all other relevant codes, standards and specifications. The works must also comply with any development or building consent approved by Council.

Licensed Tradespersons

All trades people contracted by the applicant who perform residential work in which the labour content is in excess of $20,000 or is of a specialist nature, must be licensed.

Access to Common Property

When access is required to common property, it is the responsibility of the applicant to ensure no damage is caused. Any damage, including dirt or stains to common property flooring, will be made good at the cost of the applicant.

Parking

Tradespersons and contractors are not permitted at any time to park on common property. Parking may be available after consultation with the caretaker.

Use of Lifts (If Applicable)

The interior of the lift must be protected against possible damage at all times; and the lift shall be released for use by other residents after each load. The Caretaker should be contacted at least 24 hours before the lift covers and/or lift mats are required so they can be in place prior to the lift being used by tradesmen.

Waste Disposal

The applicant is responsible for the removal of all waste resulting from the works. The scheme’s garbage bins are not permitted to be used for this purpose. The applicant may (with the consent of the Owners Corporation) arrange for a waste skip to be located on common property to assist with waste disposal. However, seven (7) days written notice must be provided to all occupants of the scheme, detailing the required deposit date and period of attendance on-site.

Variations To Approved Designs and/or Plans

The applicant must advise the Owners Corporation in writing of any proposed variations to the approved designs and/or plans. The applicant must receive approval from the Owners Corporation for these variations prior to the works being commenced.

Cleanliness

The applicant is responsible for ensuring that all common areas, including car parks, passage ways, foyers, staircases, lift cars, etc. are kept clean at all times. If the applicant fails to maintain the standard of cleanliness for the building, the areas will be cleaned by the Owners Corporation at the expense of the applicant.

Repairs and Maintenance

On-going responsibility for all repairs and maintenance are to be met by the applicant.