Lot owners from NSW are wondering whether they can install blinds or sun shades for apartment balconies.
Table of Contents:
- QUESTION: A unit owner installed a blind without seeking approval and has since passed away. The owner’s son has inherited the lot. Is the son now responsible for arranging for approval of installation of the blind?
- QUESTION: I plan to buy a sun umbrella as a sun shade for my apartment balcony that I am able to click into a permanent small base on the wall. What am I required to do regarding permissions?
- QUESTION: My apartment is west facing and the balcony and bedrooms are almost unliveable in Summer. My Strata Committee has declined my request to approve outside awnings without giving reasons. What redress do I have please?
- QUESTION: Is there a precedent for installation of sun shades for apartment balconies where they were not on the original Development Application?
Question: A unit owner installed a blind without seeking approval and has since passed away. The owner’s son has inherited the lot. Is the son now responsible for arranging for approval of installation of the blind?
A few years ago, a unit owner had a blind installed on his balcony without consent. The owner ignored numerous requests to apply for permission by way of a by-law. At the time, the owner was terminally ill and has since passed away. There was sympathy for the owner so legal action was not instigated.
The blind does not protrude from the building and when not in use is not visible either from the street or other units. Even when it’s lowered, it is unobtrusive. None of the other owners object to the blind.
The owners corporation’s main concern is whether the installation was carried out correctly, and no damage will occur in the longer term to the building.
The unit was inherited by the deceased owner’s son. The strata manager has now requested the son to apply for a by-law for the blind. He has refused, saying that because it was installed by his late father, he is not responsible. Could you please confirm if the son is responsible for obtaining approval for installation of the blind.
Answer: If the son is the new legal owner, the responsibilities of the apartment are now his.
I think that the OC seems to be acting reasonably in the situation. It is up to owners to take advice from their strata manager regarding any proposed renovation before the works are undertaken. They are attempting to assist the owner ‘legitimise’ their installation and pass on the ongoing responsibilities as would be appropriate.
The main concerns with external blind installations is that they can be unsightly, not to mention dangerous with wind and environment factors. They almost always require a by-law to pass on the ongoing responsibility to the respective owner.
If the son is the new legal owner, the responsibilities of the apartment are now his. He can’t hide behind the excuse that his father installed the blind. As I see it he has two options:
- Arrange for a by-law to be drafted, voted on and registered allowing the blind to be installed.
- Remove the blind.
Rod Smith
The Strata Collective
E: [email protected]
P: 02 9879 3547
This post appears in Strata News #457.
Question: I plan to buy a sun umbrella as a sun shade for my apartment balcony that I am able to click into a permanent small base on the wall. What am I required to do regarding permissions?
I plan to buy a sun umbrella that I am able to click into a permanent small base on the balcony wall for extra security/safety in the wind.
What am I required to do regarding permission to affix this small base plate to the balcony wall? Is it counted as a ‘change to the appearance’ if it can barely be seen from the street and it is small and neat?
Answer: If the umbrella is larger and requires bolts or significant attachment, the strata may require a by-law to indemnify themselves from any ongoing responsibility.
This application will require approval from the owners corporation. I would suggest putting together an application letter with specifications such as the size, style and appearance of the sun umbrella. The level of approval will depend on the significance of the bracket as well as the size of the umbrella.
If the umbrella is only to have a few screws inserted, the strata committee may approve this as a cosmetic renovation if the appearance is suitable. If the umbrella is larger and requires bolts or significant attachment, the strata may require a by-law to indemnify themselves from any ongoing responsibility, or at a minimum an ordinary resolution at a General Meeting.
I would suggest speaking to your strata manager to confirm which of the above is applicable to you so that you can work out how to proceed.
Rod Smith
The Strata Collective
E: [email protected]
P: 02 9879 3547
This post appears in Strata News #231.
Question: My apartment is west facing and the balcony and bedrooms are almost unliveable in Summer. My Strata Committee has declined my request to approve outside awnings without giving reasons. What redress do I have please?
I live in a 20 apartment NSW strata block.
My main and adjoining bedrooms both lead, via sliding floor-to-ceiling glass doors, on to a west-facing balcony, which has become so hot in summer in recent years as to render the balcony and bedrooms almost unliveable. The afternoon sun beams onto the balcony brickwork and walls, glass doors and into the bedrooms for 5 to 6 hours.
I can’t afford to install and use air conditioners all day in summer.
My Strata Committee has declined my request to approve outside awnings without giving reasons.
What redress do I have, please? I am willing to go to any reasonable legal action.
Answer: Because the awning will be affixed to the exterior of the building and because the awnings will change the external appearance of your lot – you will need a by-law.
Did you submit a by-law for consideration? Because the awning will be affixed to the exterior of the building and because the awnings will change the external appearance of your lot – you will need a by-law.
Further, the Owners Corporation may not unreasonably refuse your by-law for awnings. It must consider your application on its merits and generally assign reasons for any refusal.
If the Owners Corporation does refuse your by-law and you consider that they acted unreasonably, you may make application to NCAT for the making of the by-law (thereby permitting your works) after you have attempted mediation first.
Leanne Habib
Premium Strata
E: [email protected]
P: 02 9281 6440
This post appears in Strata News #214.
Question: Is there a precedent for installation of sun shades for apartment balconies where they were not on the original Development Application?
I live in NSW Sydney North West in a unit complex just 12 months old.
The developer only allowed for blinds to windows 2.5 metres by 9 metres onto a balcony 2.9 metres wide by 9 metres with clear glass balustrades.
This is probably the only one of 5 developments with no shading of the balconies. Our unit is one of 3 in complex 5 stories tall facing another painted predominately white. This results in quite a bit of reflected light bouncing into our unit. Is there a precedent for installation of sun shades on balconies where they were not on the original Development Application?
Answer: Yes, it is possible to install sunshades to an apartment “after market”.
You may apply to the Owners Corporation to approve a by-law for works by special resolution. The by-law is then registered on the certificate of title of the common property.
Under the by-law you will need to make application to Council and, if approved (or exempted) you may proceed to install the sunshades. However, there is a legal concept of “moral rights” of the architect which you must not offend and query whether sunshades might offend the architect’s vision for your particular development. For example, the sunshades might be construed as detrimental or prejudicing the design of the building.
Ultimately, yes, however, it is possible to install sunshades “aftermarket”.
Leanne Habib
Premium Strata
E: [email protected]
P: 02 9281 6440
This post appears in Strata News #166.
This article is not intended to be personal advice and you should not rely on it as a substitute for any form of advice.
Have a question or something to add to the article? Leave a comment below.
Read next:
- NSW: Q&A Older Building Safety and Maintenance Requirements
- NAT: Your Balcony, Balustrades and Strata Liability
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We have a freestanding umbrella in our backyard that doesn’t require any bolts etc and our neighbour is complaining because she can see it. It’s free standing and doesn’t touch or overhang the fence or block any view. Does she have a right to complain?
We also hope to install a single sun-block blind that attaches to the ceiling of our second floor balcony. I have been told that this will be illegal in NSW as it relates to fire risk and the cladding issue. I can find no official information that supports this viewpoint. Who should I ask to check whether or not this is true?
I too was told this and seeking information.
Hi Jess and Barbra
The Following response has been provided by Rob Broadhead, 2020 Fire Protection:
If you put them in direct contact so I can get the context of exactly what it is & why, then I might be able to answer.
Rob Broadhead
[email protected]
2020fireprotection.com.au
Hi,
I plan to install sun block blinds in balcony, the rail will screwed on the balcony ceiling.
here is an example: http://www.meridiancurtains.com.sg/outdoor-blinds/
so, just wondering does this need local council approval?
Hi George
We’ve received this response from Rod Smith, The Strata Collective:
Regarding council approval, this should be checked with your local council and then you should advise strata accordingly.
In the above article, Leanne Habib makes reference to the “legal concept of “moral rights” of the architect which you must not offend and query whether sunshades might offend the architect’s vision for your particular development.”
We have received an email from the LookUpStrata community offering this link, which explores this point in further detail – Architects and Intellectual Property: Protecting Your Building Plans and Designs by Michael Bampton of Henry Davis York Lawyers
There are other considerations to be aware of .
In Queensland the local planning laws and regulations will come into play as to whether an owner or for that matter the strata scheme have the authority to approve same .