A renovation by-law can be made to pre-approve certain types of renovations such as: Useful for: Bathroom renovations Kitchen renovations Air-conditioner installations Changing floor coverings Other internal renovations www.muellers.com.au I 02 9562 1266

1. Adrian Mueller I Partner I Senior Lawyer I BCOM, LLB, FACCAL
RENOVATIONS BY-LAWS:
MODERN TRENDS
JS MUELLER & CO LAWYERS I 23 JULY 2018

2. The Approach in the Olden Days
 No master renovations by-law.
 A separate by-law for each renovation.
 A separate general meeting to approve each renovation.
 Time consuming, expensive and cumbersome.

3. The Modern Day Approach
 A by-law to pre-approve renovations.
 A master renovations by-law.
 A separate by-law for each renovation.

4. A By-law to Pre-approve Renovations
 A by-law can be made to pre-approve certain types of renovations.
 Useful for:
– Bathroom renovations
– Kitchen renovations
– Air-conditioner installations
– Changing floor coverings
– Other internal renovations

5. A By-law to Pre-approve Renovations - Pros
 Administrative convenience - avoids multiple meetings and by-
laws.
 Cheap
 Quick
 Once and for all.

6. A By-law to Pre-approve Renovations - Cons
 Lose control over renovations.
 Difficult to keep records of who has renovated.
 Difficult to know if a renovation was done before or after the by-law.
 Creates uncertainty over responsibility for renovations.
 Often not specific enough to be valid.
 Requires the written consent of all owners.

7. A Master Renovations By-law
 Covers minor and major renovations
 Sets out a procedure to follow to apply for approval to renovate
 Contains rules for renovations – before, during and after
 Delegates to strata committee power to approve minor renovations
 Includes a Short Template by-law for each specific major renovation
(Annexure)

8. A Master Renovations By-law - Pros
 All rules for renovations in the one place
 Relieves strata committee from having to formulate rules for
renovations
 Avoids separate by-laws and general meetings for minor renovations
 Provides a template by-law for owners to complete for major
renovations
 Streamlines renovations approval process

9. A Master Renovations By-law - Cons
 Difficult to keep records of who has done minor renovations.
 Difficult to know if a minor renovation was done before or after the
by-law.
 Creates uncertainty over responsibility for minor renovations.
 Still need a separate by-law and general meeting for each major
renovation.

10. Unauthorised Renovations – Retrospective Approval?
 A by-law can approve previously unauthorised renovations.
 The by-law should be specific.
 The by-law should identify the unauthorised renovations.

11. Generic By-laws Approving Unauthorised Renovations
 Generic by-laws approving all unauthorised renovations:
– are possibly invalid because they are too vague
– create problems – which renovations are covered?
– require the written consent of all owners.

12. Modern Trends: The Top 5 By-laws
1. Specific Renovations
2. Master Renovations
3. Airbnb/Short Term Letting
4. Cost Recoveries
5. Window Safety Devices

13. Thank You
ADRIAN MUELLER
Partner I Senior Lawyer I BCOM, LLB, FACCAL
adrianmueller@muellers.com.au
ABOUT JS MUELLER & CO
JS Mueller & Co are a specialist firm of strata lawyers with in depth and
unmatched experience in, and comprehensive knowledge of strata law
and levy collection across metropolitan and regional NSW.
CONTACT DETAILS
02 9562 1266
enquiries@muellers.com.au
www.muellers.com.au
LinkedIn /company/j-s-mueller-&-co
Twitter /jsmuellerco

14. Thank You!