It’s more common than any of us would care to think. It usually happens in small schemes where mutual back-scratching, nods and winks help everything to run smoothly, with both parties assuming everything will work out and there will be no problems.
If problems do emerge later, it’s possible that everyone concerned has moved on and it’s the owners left behind who carry the can for repairs.
How do you avoid it when the culprits are long gone?
You could ask your strata committee to conduct an audit of any changes made to common property with or without permission, with an “amnesty” of post-dated by-law approvals (including a transfer of responsibility) for anyone who conducted major renovations with proper permissions or believes thers have been unapproved renovations done on their property.
It would be great if we could hunt down renovators who have sold out and call them to account for disasters they left behind them. The property disclosure statements differ from NSW and Victoria.
In Vic, vendors must by law declare if the property contains illegal or non-compliant work. In NSW there is no such provision (see HERE).
All states should require vendors of strata properties to state whether or not work done to bathrooms or other common property has been carried out with proper approvals or by-laws. Not doing so would be an offense.