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Firstly let me clarify, exhaust fans have by Special Resolution been deemed Lot Owners' Fixtures at our Plan, they're not shown on the Plan (ie the Strata Plan).
Without wishing to in any way complicate my original issue, my past research on the subject of “Lot Owners Fixtures” revealed no doubts about the fact that Owners are responsible for the maintenance and repair of those items, and that they're insured items on our Building Policy, but there was at the time some divergent views between our Insurer, other Strata Insurers, the ISTM, Fair Trading, and others concerning precisely what these items are.
The broadest definition was that these items were those fixed (really?) to the Common, but not for common use or benefit, and which if removed would leave damage on that Common Property.
So aimed with divergent views and a broad (although logical) definition in mind, our O/C specially resolved to deem items including toilet pans / cisterns, sinks, shower screens / trays, internal doors, external windows and doors that adjoin parts of the Lot (like balconies), built-in wardrobes, kitchen cupboards / wall ovens / cook tops, solar panels, light fittings, ceiling and exhaust fans — all as “Lot Owners' Fixtures and Improvements”.
So now that I've successfully complicated the issue, back to my original one ….
- Is my rationale for not making payment to the Property Manager sound? I'm reading that you're all saying YES.
- As I've now confirmed that the installed exhaust fan is one not designed for a cavity brick wall and that moisture-laden air is rising up that cavity, how do I have the work properly re-done in circumstances where the O/C didn't engage the Contractor involved (and never has used them), but without cost to the O/C or the Lot Owner who I also now know wasn't advised by his Property Manager that the work was to be done?