Special By-Laws for Common Property

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  • 14/03/2015 at 8:10 pm #9945 Reply | Quote
    nyonyakay
    Flatchatter

      One of the top-floor airconditioners has broken down.  It was installed on the rooftop (common property) by the developer when our building was constructed, and services one of the four top floor units exclusively.  We are in NSW.

      Because our OC funds have been run down, the EC don’t want to pay for it, and think the owner should replace the air-conditioner himself.  I found this in a strata booklet:

      “That part of an air-conditioning system that is inside a lot and for the exclusive use of that lot is the responsibility of the owner. Parts outside the lot are the responsibility of the Owners Corporation unless they are subject to a
      special by-law.”

      The Owner is angry and has asked me to help.  What are his rights, and what are the OC’s rights and obligations here? And what is that special by-law he should be afraid of?  What part of strata law enables them to use a by-law to pass the buck onto the Owner here?

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    Reply To: Reply #23225 in Special By-Laws for Common Property
    PLEASE ... If your property is not in NSW, mention its location (state). Don't identify companies or individuals by name. Don't mention or promote your company or services. Keep acronyms and initials to a minimum. Please, don’t use “quote” unless there is a specific point to which you wish to refer, then highlight (define) that specific passage before you click on "quote". Otherwise just use reply. THANKS.

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