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Hi All,
this relates to the initial Unapproved changes to Common Property in a N.S.W. Strata, with the refusal of a Owner to register, at their cost, a By-Law to cover future responsibility for repair to said changes.
Owner swapped out defective tank style Hot Water System for an instant system. The original was housed in a external Cupboard located outside Owners kitchen window. The new system is bolted to the external Common Property wall with the addition of extra plumbing, accompanied with a wall mounted 240 Power point and cord to system.
After much debate and argument (between Committee Members) the new system has stayed put.
Now the Owner is selling up and with no by-law in place (which would confer responsibility to the Owner for any future maintenance, to both the extra plumbing and electrical work) it is not unreasonable to believe that any future owners would expect (in the absence of any documentation) that it is considered Common Property
and that it is the Owners Corporation that is financially responsible.
If an NCAT order wouldn’t arrive before the Sale, could the incoming Owner be held liable for the establishment of the By-Law ?
Thanks for any advice.
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Pass a motion at your next strata committee meeting that you intend to pursue the appropriate by-law with the new owner if the current owner hasn’t agreed to the by-law. In that case, the new owners will be given the choice of agreeing to the by-law or having the hot water system removed at their expense.
Write to the current owner informing them that this decision has been made, and that it is in the minutes of the strata committee and reminding them that, by law, this information must be passed on to the new owner as it might affect their decision on whether or not to purchase the unit.
That way, neither the current owner or purchaser can say they weren’t informed.
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