I assume JimmyT is talking about LukeR’s post about the non-approved alterations to a fire rated ceiling when he says: “I reckon a smart lawyer would, on appeal, have argued that the current owner, acting in good faith, could not have known that the ceiling was non-compliant whereas the Owners Corp had a statutory duty to make sure that it was compliant.”
I reckon a ‘smart lawyer’ when he was doing the conveyancing would have insisted on the checks everyone should have done, but apparently only 23% of people actually do, which should have spotted the unapproved and DANGEROUS ceiling alterations.
And the Owners Corporation’s ‘smart lawyer’, should they need one, will get that Notice to Comply straight to the owner, whoever it is at the time, complied with and have the unapproved, non-fireproof, dangerous ceiling which probably voids everyone’s insurance… fixed pronto.