Topic: Is Lot owner able to be charged for Damage / rectification of Common Property – FLAT CHAT

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18/04/2015 at 9:01 am #10001 Reply | Quote
Enough of Strata
Flatchatter
Our Strata Manager (NSW) has advised the following:

“We can only on charge costs of repairs to common property if there has been permission granted to the owner of a lot for alterations to common property”.

To support that position appears to quote Section 63 and Section 65.

I believe that the statement does not pass the common sense test, as there must be a Legal remedy when UNAUTHORISED WORK IS DONE / COMMON PROPERTY IS DAMAGED, and the property needs to be put back to its original condition / repaired. This may be under Common Law OR Likely the Strata Management Act.

I note in particular Section 63 (below)

63 What power does an owners corporation have to carry out work and recover costs?

(1) Application of section This section applies if a person who is required to carry out work as referred to in this section fails to carry out the work.

As PART 2 (Sections 62 to 65C- covers MAINTENANCE, REPAIRS, ALTERATION AND USE OF COMMON PROPERTY AND FIRE SAFETY INSPECTIONS, I feel her quoting of these section is in error.

Has anyone have any knowledge on the matter.

Thanks – Winston
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Reply To: Reply #23442 in Is Lot owner able to be charged for Damage / rectification of Common Property

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