#27941
Jimmy-T
Keymaster

    @Lady Penelope said:
    JT and Austman – My point is that there has never been a Special Resolution moved and approved regarding this renovation, therefore, the OC responsibility under [s108] would not apply.

    Well, you would think that but I am told that is not the case.  The basic pricipal is that someone has to be responsible for common property and in the absence of a special resolution, that must fall to the OC.  This is one of the reasons that Owners Corps allowing owners to change common property on a nod and a wink are playing with fire.

    Many years ago I wrote about a block where one owner had replaced his balcony sliding doors with bi-fold French windows, then sold, without informing the OC (who could not have known this was happening unless they had rowed out into the sea at Bondi).

    The doors eventually failed and the new owner felt that the OC should pay for the repairs.  The legal advice given at the time was that, in the absence of a formal agreement to the contrary, the OC must assume responsibility for common property.

    I believe a compromise was reached when the OC “offered” to reinstate the sliding doors rather than repair the new ones. At any rate, it never went to court. 

    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.