Q: What is the difference between a committee being notified and committee approval?
With regards to flyscreens being placed on the outer side of the window pane. The owner initially asked for approval- however, on request for details such as colour and placement, the owner has now advised they will proceed as it does not require approval.
According to our by-law, this is actually the case; however, if the window pane/frame is damaged and is not “in keeping with the building”, who decides and who is liable? We have requested this information from our agent and have not yet been advised.
What is the difference between a committee being notified and committee approval? – Ingrid, NSW
A:
A standard schedule of by-laws will usually allow owners to affix fly screens to prevent the entry of animals or insects on the lot. However, they would also typically detail that they should be installed competently and properly and that the appearance should match the rest of the building.
Therefore, the flyscreens installed should be of a colour and materials that align with the property’s aesthetics and be similar to others installed.
Although seeking formal approval may not be required, consulting with the committee in advance to avoid disagreement and potentially a request to change later may be a good option.
If the Owners Corporation believes the fly screens installed are not in keeping with the building or have caused damage, they would need to provide evidence to support this view.
If a disagreement develops, the Owners Corporation may seek to escalate to Fair Trading or NCAT for an order or cost in damages to make good.
