› Flat Chat Strata Forum › Common Property › Top floor owners extended upwards without permission › Current Page
I know the Tribunal can be unpredictable but it is difficult to believe that a Tribunal member would rule against you in the way described. As a preliminary, it’s not clear how a claim could be out of time, if an owner appropriates common property, there is no time limit. Technically the common property belongs to the owners corporation, so how could a claim be out of time? To be clear, this is not legal advice.
What do you mean the neighbours charged the OC for waterproofing? If the OC believed it was not responsible for works why would they pay for it?
If the upstairs neighbours carried out such extensive works including adding doors and windows and presumably making a non-habitable space into a habitable space, you would expect Council approval to be necessary. Have you contacted your Council? Did the neighbours get approval? If they did, was the application for approval approved by the OC? If the Council was not involved I suggest you contact them as a matter of urgency.
In respect of your specific questions:
- no an owner cannot appropriate, take over or alter common property for their own use without the approval of the OC, and in the majority of cases compensating the OC. Property has a value. There have been numerous cases where an owner has been required to restore common property that they have altered or taken over for their own use.
- in my opinion it would be reasonable to reject an exclusive use by-law that didn’t make an owner responsible for the relevant works, and if applicable, pay compensation to the OC. You should be acting in the best interests of the OC as a whole, if an owner has taken something of value for their own use, then the by-law and other matters should reflect that.