#54357
scotlandx
Strataguru

    No, it’s not a statute of limitations issue. The key thing is that when an owner does this type of work, the OC should make sure that they are only permitted to do the work on condition that they agree to an exclusive use by-law that passes responsibility for that work to the owner. In the absence of a by-law the OC is responsible.

    If a by-law is in place, then any subsequent owners are bound by the by-law and it is clear who is responsible. An affected owner has to agree to the by-law, the OC can’t just unilaterally resolve to introduce one.

    In a perfect world you could ask the owner to agree to a by-law, but it’s not a perfect world, and why would an owner agree to that? On the flip side, where someone has done work which is arguably part of the common property, the OC can resolve to remove it. In this case I don’t think they can do that – because a cistern is an essential service.

    Note that the Committee does not have the power to introduce a by-law, only the owners can approve one, in a general meeting (subject to the affected owner agreeing).