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I am the chairman of an SC in NSW. The complex consists of 20 townhouses, the majority of which are owner occupiers. One of the townhouses undertook internal renovations in 2006 (no by-law prepared/required?) before selling to the present owner. The property is rented, as the owner is overseas, and recently the rental agent contacted the Strata Manager to advise of a leaking hot water system (HWS). It was then discovered that the HWS (normally an owner’s responsibility) had been relocated to the common property roof space, obviously without approval. The Strata Manager has paid for replacement of the HWS taking the view that as it is on common property it is now Strata’s responsibility.
I am aware that in certain instances where items have been placed on common property without approval and a repair is required, Strata may elect to remove such an item, rather than repair it. In the case of the HWS it was obviously not practical to remove it or return it to its original position.
How practical/legal would it be to prepare a by-law stating that “any previously unauthorised additions to common property are now the owner’s responsibility to maintain or replace”