kiwipaul said
I’m not for one moment suggesting that anything unauthorized be ripped out, I just saying it’s not the strata responsibility to fix an unapproved addition.
If an unapproved addition to common property is left when an owner sells, and the Owners Corp has not objected to the addition, then the Owners Corp absolutely and definitely takes responsibility for it, regardless of whether or not they knew about it.
Others think that means they have to leave it in place and repair it when it breaks down. I disagree. If the addition now belongs the Owners Corp, then surely they can choose to fix it or remove it. What they can’t do is choose to do nothing.
Does anyone know of any case law that suggest otherwise?
I have found this, where the new owner of a unit was ordered to remove an unapproved staircase installed by a previous owner.
And in this case, the CTTT Member said: “The Owners Corporation has the right and the duty to maintain and repair common property. In my view maintenance and repairs extends to removing any trespass on or interference with common property.”
Neither of these are precisely what is being discussed here. However, in cases of new owners assuming that additions to common property were approved, I would suggest ‘caveat emptor’ applies.
It makes no sense to me that a subsequent owner of a property can say “this is common property so you must repair it” then says “this is my property so you can’t remove it.”
That said, sense is not a major component of strata law