I think it’s been fairly well established that unapproved changes to the common property are subject to potential removal or remediation unless the owner has reached an agreement with the Owners Corp via a by-law.
The reason for this is, partly, that there has to be ongoing responsibility for the changes which can be passed on to the next owner without a legal battle over who is responsible for what.
In a case where an owner has made changes to the common property that the owners corp has not approved, the OC can ask the owners to either agree to a by-law (which they should pay for) or pay for the reinstatement of the common property. Or the OC can seek orders requiring them to pay for the reinstatement and the costs of the action. In other words, the OC is far from powerless in all this.
The law on this is enshrined in Section 108 of the Act. I believe that having been given the choice between legitimising their work on common property or having it removed, no Tribunal is likely to side with the lot owner.
The lot owner is protected in this in that the agreement can’t be rescinded later without their approval.
Your strata manager is making up strata law as they go, probably thinking (hoping) that it’s no big deal and it’s less hassle for everyone if they just record it but do nothing with regard to Section 108.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
- This reply was modified 1 year, 8 months ago by .