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[WinterHill]

We own (but do not live in) a Sydney flat subject to a special by-law that says it is “entitled to exclusive use and enjoyment of a section of common property adjacent to the front porch measuring…”etc.

When we bought it, this area was fully enclosed by a lattice privacy screen and door, which was permitted by the by-law.

Now we find that the strata committee apparently thought it was common property (they say they were unaware of the special by-law) and removed and disposed of all the lattice.

This was not minuted in any AGM meeting records. Would we have a fair claim to get the body corporate to pay to have the lattice re-built, as it was completely done without our knowledge or approval? 

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[Jimmy-T]

@WinterHill said:
Would we have a fair claim to get the body corporate to pay to have the lattice re-built, as it was completely done without our knowledge or approval?   

Absolutely.  They removed your property and you are entitled to demand that they replace it with the same or an acceptable alternative – or pay your bills when you do it yourself.

But check with them to discover what their problem was and perhaps you can compromise on the replacement.

This is entirely their responsibility and there’s no reason that you should suffer because some hyperactive member of your strata committee can’t take the time to read the building’s by-laws.

If you get any resistance, tell them this is a cut and dried case and they can either just do it or be dragged through NCAT at their expense, and then do it.

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