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A previous owner of a top floor unit made changes by installing down lights. The changes were not authorised, but the then current EC would have been aware work was being carried out. To meet the requirements of a Fire Order work was required to make these down lights compliant.
Who is liable for these compliance costs? The current owner, who bought in good faith or the OC, because the EC was lax in following up on alterations being carried out?
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Even if the EC or Owners Corp weren’t aware, I am advised that the Owners Corp’s legal responsibility for common property trumps the ‘buyer beware’ principal of property purchases. In other words, it’s an Owners Corp cost. The fact that they were aware merely means they need a stern talking to at your next AGM.
Downlights are becoming very popular in apartments (because of low ceilings). The Owners Corp needs to put through a by-law that says that downlights and their fittings must be installed by approved electricians and that all future maintenance and costs are attributable to the lot owner, regardless of whether they received permission or not.
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Jimmy’s right about that Special By-Law, particularly as there’s another opinion that because the major component of a downlight protrudes into the roof cavity, and that area’s Common Property, that maintenance / repairs are the Owners Corporation’s responsibility.
It’s even dafter than that. If the downlight has no cover, it may be considered part of the lot but if it has a cover, itmay be considered common property. The first thing I’d do after the new strata laws come out is have a complete review of all by-laws … most of out by-laws were written before flat screen tvs were ever attached to walls or lights recessed into ceilings. Are your by-laws up to date?
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I find it ridiculous that the EC is reasponsible for unapproved (or even unknown alterations) as it just encoureges people to make alteration without approval knowing that if anything goes wrong the EC pick up the bill.
OP I’d be inclined for the EC to remove the downlights and restore unit to it’s origional lighting configuration to deter this happening again.
What about passing a bylaws stateing ALL alterations done without EC approval will be removed at owners the expence unless ower accepts reasponsibility for the maintenance of said alteration. Surely if you can put limits on one item (downlights) why not put limits on ALL alterations.
Kiwipaul – In my opinion your Owners Corporation (O/C) shouldn’t merely wait for new Strata Laws (planned in NSW) or put a Special By-Law of the type you suggest in place in order to address the problem.
Our E/C considered that any such By-Law could not be retrospective, that we’d never know what alterations had already been done, that we’d likely never again be advised of proposed alterations, that we’d have difficulty having any unapproved items removed except at the time of selling a Lot, that there would always be issues about the E/C consenting by “being aware” of certain works, that some items (particularly in rented units) may be unsafe or be impacting adversely on the Common Property, and that the O/C itself had placed additions on areas of its Common Property that some Owners now considered their property, and vice versa (e.g. clothes lines, lighting, planters).
So as I was (again) the person who raised a contentious issue, and as I am the Secretary of our self-managed Plan, I got the job to write to all our Proprietors back in 2010 advising them of their obligations to seek and obtain the O/C’s consent before “making alterations to or adding to the Common Property” (as your downlight installer did).
The letter included examples of some of the items that constitute “alterations and additions” and those that are considered “lot owners fixtures”, and invited Proprietors to use a 30 day moratorium to advise the O/C of any of those that they were aware of in their Lot/s – whether they did them or not.
Proprietors were also advised that upon the expiry of that 30 day period, the E/C would arrange to inspect all items and would, where appropriate, have any current maintenance (but not repair/replacement) issues addressed under a costs shared 50:50 (with the O/C) arrangement, then grant retrospective consents incorporating requirements covering all on-going maintenance/ repairs/ replacements (100% Owner), and would then add everything that was consented, both at the time of the original works and retrospectively, to a “Register of Common Property Additions”.
The O/C then Resolved (at the next AGM) to create a Special By-Law stating that anything that’s not on the Register (which I have to keep up-to-date) is not consented, and is the responsibility of the Owner from time-to-time of the Lot.
A lot of effort for everyone up front, but a lot easier to manage in the long-term.
Hi Whale,
I am interested in your example given. To add some perspecive to it, would you be able to say the building age and number of Lots in your strata plan.
Thanks,
Rob T
Sure Rob,
The Plan’s 34 years old and has 27 Lots — look HERE