› Flat Chat Strata Forum › Common Property › Common Property-Flat Roof › Current Page
The simple answer is no. The longer answer is also no. It does not matter what the developer did when he built the block; it sets no precedent.
Why it is a big no?
You are dealing with common property and there is a process for actions that involve dealing with common property. The process is important because it “protects” the Owners Corporation from future responsibility for the changes
Division 4 Special provisions for by-laws conferring certain rights or privileges
51 Application of Division
(1) This Division applies to a by-law conferring on the owner of a lot specified in the by-law, or the owners of several lots so specified:
(a) a right of exclusive use and enjoyment of the whole or any specified part of the common property, or
(b) special privileges in respect of the whole or any specified part of the common property (including, for example, a licence to use the whole or any specified part of the common property in a particular manner or for particular purposes),
Sections 52 and 53 also need to be read.
The owners who want air con or dishes should seek to have a by-law created giving them exclusive use / special privileged over the common property area where the installation will occur. The by-law would state the owners would be responsible for the maintenance and repair of the areas in question and the installed equipment, including cables, wiring etc.
If owners just start installing things without permission then the Owners Corporation may find itself, in the future, responsible for the upkeep and/or repair of any “illegal” equipment.
As can be seen the Owners Corporation can approve the work but the approval is via a special resolution motion at a general meeting and the resolution should place responsibility for maintenance and repair with the owners who are receiving the benefit. Anything less than that is not really adequate.