TEYS Lawyers Pty Ltd Strata Law Specialists ABN 11 127 707 671 E: qld@teyslawyers.com.au Suite 73 Lower Deck, Jones Bay Wharf T: 07 5563 3301 26 – 32 Pirrama Road, Pyrmont NSW 2009 GPO Box 4157, Sydney NSW 2001 Liability limited by a scheme approved under Professional Standards Legislation

 

 

INSTALLATION OF FLOOR COVERINGS (QLD) FREQUENTLY ASKED QUESTIONS

What is the problem?

A neighboring lot owner has installed new floor covering in their apartment and the noises from the scraping of furniture, stomping of feet and clacking of heels is interfering with your peaceful enjoyment of your lot.

What is the solution?

The body corporate, owner or occupier affected may want to first speak to the offender about the problem and negotiate a solution. This is only recommended where you feel that it is safe to approach the offender about the problem.

The body corporate, owner or occupier can apply to the Officer of the Commissioner of Body Corporate and Community Management (BCCM) for an order the offender rectify the sound transmission issues.

Alternatively, the body corporate can pass and enforce a by-law specifying the procedure for obtaining consent from the body corporate to install such floor coverings in the lot and on so much of the common property that is necessary.

This means each time a lot owner wants to undertake this work, the types of floor coverings allowed and sound transmission requirements are specified under the body corporate by-laws.

What makes the TEYS Lawyers by-law unique?

One-off expense for the entire building Simple language Defines the types of floor covering allowed Provides for conditions in respect of acoustic and sound transmission requirements Outlines the owners corporation’s consent requirements

 

 

 

Why should the body corporate pass such a by-law?

Making such alterations in a lot that effects common property without the written approval of the body corporate is a breach of by-law 5 of the Schedule 4 by-laws in the Body Corporate and Community Management Act 1997 (Act).

By-laws are stated in the CMS for the scheme (s.66(1)(e) of Act). The CMS is binding on the body corporate, each lot owner and each person who is otherwise an occupier of a lot or common property (s.59(2) of the Act).

A by-law comes into force on the day the registrar records the relevant CMS (s.179 of the Act). All owners and occupiers are obliged to comply with valid by-laws, unless or until the owners vote to modify or remove a particular by-law (BCCMA, s59).

Where another occupier complains that the new floor coverings are interfering with the peaceful enjoyment of their lot there may also be a breach of by-law 1 of Schedule 4 by-laws in the Act.

Nathans Villa [2011] QBCCMCmr 300 (20 July 2011)… where the body corporate obtained an order against a lot owner to remove a new tiled floor for failing to comply with guidelines in the by-laws for “Flooring”.

http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/qld/QBCCMCmr/2011/300

Amending the CMS by introducing a by-law that provides owners with a clear guideline will prevent the breach of by-law 1 and 5 of Schedule 4 by-laws in the Act.

How do we get a by-law that provides regulations around installing floor coverings?

Call TEYS Lawyers on 07 5563 3301 or email qld@teyslawyers.com.au for an estimate to prepare and register this additional by-law for your scheme.