@giri said:
Are you saying that owners corp is responsible for problems if unapproved work was done by a previous owner? if I AM reading it correctly, then Is this only if the work was DONE on common property? Or does it include a situation if the work was done within the lot which impacted on common property. eg say unapproved work done by a previous owner (such as work on tiling on the front of a bath hob) contributed to a leak through the floor.
It doesn’t make any difference if there were changes made to common property or changes that were made impacted on common property – if the person who made the changes is no longer in the building and there is no special resolution or written contract passing responsibility to the next owner, then the Owners Corp is ultimately responsible – for the simple reason that someone has to be.
In the case of the original question, if the current owner made changes to the bathroom that affected common property, the Owners Corp could argue that they are no longer liable for leaks etc. If the current owner didn’t make any changes, then the Owners Corp is liable for damages caused (regardless of what the ‘who’s responsible’ memorandum says).