#28424
scotlandx
Strataguru

    Are you saying that you want to provide that the hot water tank and air conditioner units that have been installed without approval are ok?

    The question then is – do you want to persuade the owners of the relevant lots responsible for those items going forward?  This would require a special by-law for the respective items whereby each owner agrees that they are responsible for them.  Each by-law would require a special resolution of the OC (you can also do an omnibus by-law)

    The alternative is to acknowledge that they form part of the common property but as things stand, assuming there are no by-laws, that is the legal position anyway.  I would suggest that is not a good idea.  However, if they do form part of the common property the OC can remove them, which is a good bargaining chip to have when you are looking at persuading the relevant owners to agree to a by-law.