KWP – actually the NSW Act doesn’t definitively state that the responsibility of any alterations to common property transfers to the O/C once a lot is sold, that’s just how it’s generally interpreted (including by me).
That’s why I don’t believe that a SBL such as ours can conflict with the Act, but rather supports our O/C’s assertion that a new Owner, who after all’s been advised pre-settlement via a Strata Search and/or via a S109 Certificate about the existence of our SBL and/or of un-consented works involving the Common Property within the Lot that they’re intending to purchase, will be held responsible for maintaining and repairing those.
Thus far there have only been two (2) affected sales in our Plan where in both cases a pre-settlement adjustment to account for the costs to the new Owners of rectifying un-consented renovations (both floors) was made and thankfully, because despite a new title I fear a continuation of inconsistent and contradictory rulings, we haven’t yet been taken all the way to the Tribunal on this, as all Owners have either accepted the validity of our SBL or, in only one (1) instance, taken us to arbitration were they’ve been encouraged to accept it.
I’m not suggesting that our Plan’s SBL is the perfect remedy to this persistent problem, but it’s better than any alternative that I’ve come across to date save the re-write of the NSW Act when a Government finally has the courage to do it!
Off the pack the Motorhome now; back in a week!