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The renovations sound reasonably extensive, specifically in relation to the relocation of the laundry. Did you apply for and receive OC approval of the renovations prior to doing them? There is a standard condition which can/should be included in any approval of renovations which provides that the lot owner must ensure that the work is carried out in a professional manner and is responsible for ongoing maintenance and future maintenance of those works. This encompasses the works specified in the approval.
The reasons for that are obvious – you have done the works/improvements – therefore you should be responsible for them. The OC has no control over those works so it wouldn’t really be fair for an owner to then come back and claim that shoddy work done on behalf of an owner by a third party is the responsibility of the OC.
Couple of examples:
– you renovate the bathroom which includes installation of waterproofing membranes which subsequently fail. That is between you and the builder/plumber who installed the membrane, the OC hasn’t been a party to that.
– an owner removes an internal wall which is a retaining wall without OC approval and does not put in a supporting beam. If a subsequent owner comes along and determines that a beam is necessary, why should the OC be required to fix it, in circumstances where it didn’t even know? (this actually happened to me, so I got someone in to put in a supporting beam)
Note in relation to tiles that these are only common property if the by-laws specifically state that they are.
In relation to the 7 year building warranty – this doesn’t really mean anything once the warranty has expired. If the by-law were to fall away after 7 years then the OC would be responsible, the point is that you should be responsible for works that you have undertaken, as distinct from works that the OC has undertaken.
Note that if you don’t agree to the by-law the OC could make an application to the CTTT for an order that the by-law be made.
