#27937
Jimmy-T
Keymaster

    Under the same provisions of NSW strata law that mean the Owner Corporation is, by default, responsible for changes by an owner to common property under a special resolution by-law (albeit with the clear intention that the owner should be required to take responsibility under the by-law) OCs are responsible for changes to common property that were not permitted by a special resolution by-law (e.g. changes to common property that were not totified to the strata committee or allowed on a nod and a wink). See S.108(4) below.

    The thinking behind this is that someone has to be responsible or a building could literally be falling down while previous and current owners chased each other around the courts.

    However, that doesn’t need to rest there.  The owners corp can demand that the current owner takes responsibility or reinstates the common property.  The current owner can (theoretically) pursue the previous owner for failure to inform them that there were unapproved works.

    And then there’s the local council who may well demand that an illegal structure be removed.  Who will they demand that from? Probably the Owners Corp in the first instance … and so the carousel starts spinning again as the OC pursues the owners through NCAT.

    SSMA 2015 Section 108

    (4) If a special resolution under this section does not specify who has the ongoing maintenance of the common property concerned, the owners corporation has the responsibility for the ongoing maintenance.

    The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.