#17920
Whale
Flatchatter

    Agree with all of that, except ……

    JimmyT said:…. and my reading of that is that the by-law isn’t valid if it doesn’t say who is responsible for maintenance.

    …. because IF the pergola’s actually been authorised by the Owners Corporation (O/C) by way of Special Resolution (to add to the Common Property) and the resultant By-Law is silent on the subject of on-going maintenance, then it is still valid and by default the O/C is responsible for all maintenance.

    Lastly, if the pergola meets the requirements of State Enviromenetal Planning Policy 2008 (SEPP) then it would not require Council approval, BUT if it does not meet those requirements and doesn’t have Council approval, then it’s an illegal structure under an Act that trumps whatever authorisation the O/C may have given.

    So maybe ask your acquaintance to check the pergola against the criteria in the SEPP, and if it’s not compliant in all respects, then Council may be the means to address his concerns and give the O/C the opportunity to re-jig its authorisation should it need to do so.