[Makinson]

Thanks for your response Easty.

You mentioned in your first reply that “there are various processes applicable to CP changes which are contained within the Act”.

Could you direct me to the reference that you are quoting from? (I dont know if you can assist with this query but I thought I would ask).

Thanks

Makinson

 

 

easty said:

If you had an inspection done prior to your purchase I would be going back to whoever did the strata inspection and ask why they did not advise you of this unapproved alteration to the common property attached to your lot.

If your strata inspector asked the question and was told there were none  then the SM would be at fault and I would refuse to do anything for the time being on that basis alone.

If your strata inspector didn’t ask the question I would want to know why.

The other thing to consider is that the AC unit is now part of the common property even if not approved by the Owners.  As such there are various processes applicable to CP changes which are contained within the Act.

[Makinson]

JimmyT said:

It's not spelled out in the Act but it has been a recent Supreme Court interpretation of the Owners Corporation's legal responsibility to maintain common property regardless of how, why or by whom it has been altered or damaged. 

I'll try to find the case if I can but I'm assured that this is the case.

Hi Jimmy

If you could find the case, that would be wonderful.

Once again, thanks for your comments.

Makinson

[Makinson]

JimmyT said:

Quite simply, if the Owners Corporation has failed to remedy an unauthorised use of common property and the unit has subsequently been sold, then they and not the new owner  “own” the problem. 

This is a reflection on why OCs need to be on top of all unauthorised use of common property at all times.

If the EC want the aircon unit moved, then they have to pay for it.  It's that simple. This issue has already been discussed extensively here.

Good luck with it.

Hi Jimmy

Thanks for your response; greatly appreciated. 

I have another question which I hope you could assist with – is there a reference in the Strata Schemes Management Act that states that if the OC failed in their duties to “remedy an unauthorised use of common property”, then the onus of incurring the costs to rectify the problem is on the OC?

Thanks once again.

Makinson

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