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My apartment building is 27 floors recently the body corporation gave approval for an apartment on level 25 to cut the outside walls of the building to enhance the size of their windows making them floor to ceiling length. The body corporate did this without informing or getting permission from the owners. The chairman resigned because of this issue.
Did the body corp act illegally? Who owns the outside of the building is it common property? I live in Victoria please assist thank you
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Not too familiar with Victoria Strata law but it is a pretty safe bet that the exterior of a tower block is common property.
You keep refering to the BC but the BC IS the owners and so if the BC gave approval it means the owners gave approval. You need to be clearer about exactly who gave approval (was it the chairman or committee??)
Your Owners Corp needs to get a legal agreement in place asap that the owner who benefitted from these changes accepts responsibility for the ongoing maintenance of the windows and the structure surrounding them.
If they have changed common property without the written agreement of the Owners Corp then the windows are illegal and they could be asked to reinstate them – that’s the lever you use to get them to agree to take full responsibility for their upkeep.
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If you are in NSW the approval must be given by special resolution from the Owners’ Corp. The Executive Committee cannot give this approval hence perhaps the Chair’s resignation. I’m not sure about the resolution i.e. can the Owners’ Corp. rescind the “approval” since the EC never had the authority to do so in the first place.