#20641
Jimmy-T
Keymaster

    @Whale said:
    Clearly the former is my view and KP has another, but I’m sure we’d agree that such matters only become issues when, as I originally suggested, an O/C becomes aware of such un-consented works and does nothing to remedy the situation.

    braveheart is a member of the O/C, he’s aware of what’s occurred, and in my opinion has an obligation to act and inform and not to get involved in peripheral discussions around what may in future happen if he/she doesn’t.  

    Absolutely right!  As my mother loves to say, “If ifs and ands were pots and pans there’d be no need for tinkers.” (No, we never understood it either.)

    This a/c  installer isn’t just in breach of whatever by-laws are in place, it’s a breach of strata law:

    116   Owners, occupiers and other persons not to interfere with structure of lot or services to lot

    (1)  An owner, mortgagee or covenant chargee in possession (whether in person or not), lessee or occupier of a lot must not do anything or permit anything to be done on or in relation to that lot so that:

    (a)  any support or shelter provided by that lot for another lot or common property is interfered with …

    (2)  The owner of a lot must not alter the structure of the lot without giving to the owners corporation, not later than 14 days before commencement of the alteration, a written notice describing the proposed alteration.

    And the other thing is, even if the EC does nothing, individuals can take action at NCAT under section 138 to enforce any by-laws that have been breached.  You’ll find the new NCAT form HERE (although you will first have to seek adjudication using this Fair Trading form HERE).

    Start the ball rolling now and by the time January rolls around you will be able to apply to NCAT to have the EC member removed from the committee for being a very naughty owner.

    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.