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Thanks Jimmy and as you said in one of your blogs 'a wake up call to OC's'.
In Makinson's case he should suffer no loss in his lot value as the AC unit should be relocated, and rightly so, at the OC's cost. However there is still the option open to remove if 75% of OC agrees.
I have great sympathy for owners who have bought into lots thinking they are getting something when they are not simply because an unauthorised addtion wasn't picked up in the pre purchase inspection.
I am aware of instances where very expensive unauthorised additions have been made to CP attached to lots, the lots have been sold without disclosure either by the seller or the OC, and the new owners think this part of the lot is CP and therefore will be looked after by the OC.
In these instances the new owners are vulnerable to the whims of the OC especially if the OC decides not to repair or worse to remove the unauthorised addition which it is entitled to do through special resolution.
When a plan, through loss of control of its CP, condones, through inaction, unauthorised additions to CP then financial pain for all owners either through the need to repair, replace or remove these additions will sooner or later come back to bite.
The solutions is for OC'c, through their EC's, to continually monitor its property, conduct regular inspections and be firm with owners who make unauthorised changes. On the other hand OC's must be flexible and recognise that all owners at some time will want to do some alterations. They must therefore have processes in place to encourage lot owners to apply for changes and above all not be unreasonable with requests. its a two way street.
Final point – Clover Moore's draft Strata legislation amendment bill if it ever gets reintroduced includes:
Schedule 1 [7]
amends section 98 of the Principal Act to require certain additional matters to be recorded on the strata roll for a strata scheme. Those matters are licences granted by the owners corporation for use of the common property, plans and approvals for building work to the common property, details of loans to the owners corporation and copies of special resolutions passed to allow additions and alterations to the common property or the erection of new structures on the common property.
If passed that would put the ball well and truely in the OC's court.