#22664
Cosmo
Flatchatter

    I will leave it to others that may have had experience of the section of the Act referred to below. However I would say that after fair warning that if the relevant owners doesn’t rectify the problem not only could the OC remove and dispose of them but charge the costs back to the owner.  Fair warning, to my mind, would need to include reference to the relevant sections of the Act and set a reasonable time deadline.

     

    STRATA SCHEMES MANAGEMENT ACT 1996 – SECT 63

    What power does an owners corporation have to carry out work and recover costs?

    63 What power does an owners corporation have to carry out work and recover costs?

     

    (1) Application of section This section applies if a person who is required to carry out work as referred to in this section fails to carry out the work.

    (3) Work required to be carried out under term or condition of by-law An owners corporation may carry out work that is required to be carried out by a person who is the owner, mortgagee or covenant chargee in possession, lessee (or, in the case of a leasehold strata scheme, sublessee) or occupier of a lot under a term or condition of a by-law and may recover the cost of carrying out the work from that person or any person who, after the work is carried out, becomes the owner of that lot.

    (4) Work that is duty of owner or occupier to carry out An owners corporation may carry out work that is required to be carried out by a person who is the owner, mortgagee or covenant chargee in possession, lessee (or, in the case of a leasehold strata scheme, sublessee) or occupier of a lot in order to remedy a breach of a duty imposed by Chapter 4 and may recover the cost of the work from that person.