#13080
Whale
Flatchatter

    Sorry all, but as a non-lawyer and mere Secretary of a self-managed Plan I have a different perspective on this.

    It seems to me that this is a great example of an instance where a Proprietor (either past or current) has, by the installation of an air-conditioner without the prior consent of the Owners Corporation (O/C), effectively added to the Common Property.

    As there is reportedly no Special By-Law covering the works either specifically or generically, the damaged air-conditioner forms part of the Common Property, and responsibility for its “maintenance and repair” falls upon the O/C under S62 of the SCMA.

    “The Dawdells” shouldn't be dealing with the O/C's Contractor, but should rather be insisting that the O/C either follows-up with their Contractor with regard to the repairs being made under a Claim on that Contractor's Liability Insurance, or if delays persist, by insisting that the O/C itself commissions the repairs and at its discretion seeks a reimbursement from that Contractor.