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I recently received a ‘Letter of Demand’ to remove all the downlights and associated electrical wiring from the ceiling-roof space within 14 days of letter.
As they said was a ‘Fire Risk’!?! All this Lighting is controlled inside through my Lot.
These were installed 4 years ago by previous owner. Among their other demands like removing all the plumbing including the sewerage by them – this would make my apartment unliveable.
What are my rights? If any, to try to work something out with them?
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From what I’ve previously read on this site and my own investigation, the roof space and ceiling are common property and so not your responsibility. As these were installed without permission (and no associated bylaw allocating whose responsibility maintenance is) it is the OC responsibility to comply with the fire regs and so it is up to them to make them safe.
They cannot just rip them out but they can restore the lighting (and plumbing) to it’s original state so that the property is still liveable. Maybe you could negotiate a compromise regarding costs that you will contribute to the work if you can have a say in the outcome.
BUT you would then have to register a new bylaw regarding these alteration and accept responsibility for it’s maintenance. Previous posters have indicated this could cost YOU $2,000 which to me is ludicrous but that’s the rules as I understand them.
I’m with KP for the most part. I reckon someone from the EC has had a sticky-beak when the apartment was being shown for sale and has noticed some unauthorised changes to common property that, technically, are the Owners Corp’s responsibility even though the changes went through without their approval or knowledge.
First things first, they can’t make you take them out at your expense so make it clear to them that they need to back off or you will be the one taking them to the CTTT. However, they could force you to allow them to reinstate the ceiling at their expense (but, seriously, that is not going to happen).
A compromise, as KP suggested, would be to accept responsibility for the ongoing repairs and maintenance of all the common property that was altered by the previous owner (which I too suspect is all the EC really wants).
So tell them that if they create a reasonable special resolution by-law that allows you to keep the apartment exactly the way it is, you will sign the agreement – provided they pay the legal costs.
Otherwise they should leave you alone and they shouldn’t expect to hear from you again until such times as you need them to repair the lights, plumbing or whatever else was changed in the renovation.
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