This case study examines the challenges faced by Tom and Alison after purchasing an older unit in a block where many owners had already renovated. Inspired by their neighbour’s improvements, they pulled up the old carpet and discovered beautiful hardwood flooring. They also noticed broken bathroom tiles leaking into the common hallway, damaging the carpet and wall. They decided to polish the timber floors and contacted the Strata Manager about the leaking tiles, believing they weren’t responsible for the repairs.
The Strata Manager sent a plumber, who discovered that the previous owner had done an unapproved bathroom renovation years ago. As a result, the Owners’ Corporation wasn’t responsible for the leaking tiles. Tom was now on the hook for repairing the wall and replacing the damaged carpet.
Frustrated, Tom went ahead with polishing the timber floors, thinking they didn’t need approval to remove the carpet. However, the noise from the polished floors upset several neighbours, leading to a noise complaint from the Strata Manager. Tom was informed that if he didn’t replace the carpet or at least put down runners, a formal notice for breaching by-laws would be issued, followed by an application to NCAT.
The Owners’ Corporation’s by-law stated that all floor space must be covered or treated to prevent noise disturbance. Tom was required to provide a report from an acoustic expert on the flooring’s adequacy.
The Owners’ Corporation agreed to repair the wall and carpet, but at Tom’s expense. Tom objected, leading to NCAT proceedings. Both parties had to engage acoustic experts, water egress reports, repair quotes and legal counsel. After two years of hearings and expert statements, NCAT ruled that Tom must cover the timber floors to prevent noise transmission. Despite the unauthorised previous works, the Owners’ Corporation was ordered to repair the tiles, fix the wall and replace the carpet.
Both parties incurred significant expenses due to non-compliance with the Strata Act.
Preferred Outcome
Tom and Alison could have saved time, money and maintained better relationships with their neighbours if they had engaged Steadman Williamson Hart to research the property and its by-laws, ensuring they were aware of all stakeholders’ rights.