@Whale said:
KWP – actually the NSW Act doesn’t definitively state that the responsibility of any alterations to common property transfers to the O/C once a lot is sold, as mini said, it’s just how it’s generally interpreted (including by me).Then Mini said
That’s not really the case.
If works have been carried out in contravention of section 65A, that is, if there has been an addition to the common property without a special resolution specifically authorising that addition, then, prima facie, some cases have held that the owners corporation is responsible for maintaining that addition.
To be fair, you have not provided a definitive statement of who is responsible for what, instead you have given us a ramble through various bits of legislation with a fair few unreferenced instances about what has been “held” in “some cases” to be “prima facie”. That is far from a definitive statement in any Act.
Whale said there was no definitive statement. You say he’s wrong but, in fact, you prove his point. Enough of this. Here is a definitive statement:
If someone changes common property without the knowledge or permission of the Owners Corp and then sells that property, the Owners Corp inherits the changes to the common property. However, within the OC’s legal obligation to maintain and repair common property lies the implied right to restore the CP to its original state at the OC’s expense.
If anyone has any issue with that, please sue me so we can get a definitive answer as a legal precedent.