#24961
Jimmy-T
Keymaster

    I think you need to gird your loins for battle on this one and explain to your other owners what happens if illegal structures on common property are allowed on a nod and a wink.

    In simple terms, if this person sells their property and it has unapproved changes to common property attached, responsibility for the repair and maintenance of those structures reverts to the Owners Corporation and that can be a bottomless pit into which you and your neighbours may end up throwing incalculable amounts of money.  Or not. But why take the risk?

    Strata law is absolutely clear on this and your neighbour should be told firmly by the current committee that it is time to formalise their land grab or remove the structures.

    Formalising would mean passing a special resolution by-law under which they accepted on-going responsibility for the structures and paid the owners corp a reasonable fee for their purchase.  Once that is done, the structures can only be removed when they agree to do so.

    Until then, the could find themselves subject to NCAT orders to remove them.

    All that aside, you have to get this all on the record as soon as possible because if this person sells before a formal arrangement is made, and it’s clear other owners knew about this, then you will find yourself in a whole other world of pain.

    As Peter C suggests, get a motion on the agenda of the next EC meeting that all “informal” arrangements for personal use of common property be examined and formalised as a matter of urgency (for the above reasons). This person’s election to the committee may then be seen is a slightly more critical light.

    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.