› Flat Chat Strata Forum › Common Property › Common Property Replacement made by Property Manager !! › Current Page
Whale,
It seems odd that the fan is shown as a lot owners fixture on the strata plan… Very unusual…
It would be interesting to see the excerpt from the plan that illustrates this.
Is there an exclusive use by-law that governs this? It may refer to the OC’s ability to fix it and recover the cost from the owner.
Now for the bad news, unless you seek an order from Fair Trading you can not get the work fixed and recover the cost from the owner, unless you have their prior written agreement. Even if you get the written agreement I suggest getting the money upfront (prior to doing the work). Nothing worse than chasing an owner to pay for something twice.
I have obtained several written rulings from Fair Trading about this very matter, where property managers have put to me an invoice for work they have had done to common property without OC consent and seeking recovery. The law is on the OC’s side.