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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