#13178
Jimmy-T
Keymaster

    Believe it or not, you have the upper hand.  Get a couple of estate agents to estimate how much the loft-grab neighbour has improved the value of his home and then tell him you want:
    a) that amount in payment for annexing common property;
    b) agreement to a special resolution indemnifying the Owners Coproation against any future repairs or maintenance;
    c) repayment of all costs involved in drawing up the agreements and holding the EGM required to pass them.

    If he refuses any of the above get your Executive Committee to issue a Notice To Comply telling him he has 30 days to remove the ducting and return the common property loft to its original state.

    Be prepared to negotiate on the price but not on the principle – people can’t just grab common property for their own use, even if it’s not being used for any other purpose.  Also CTTT adjudicators can order owners to agree to an Exclusive Use By-law covering this if they refuse to do so.

    Also, the money goes to the Owners Corporation (not the owners). 

    Under an exclusive use by-law,the air-con owner would be granted the exclusive use of that space for the purposes of the air-con installation provided they agreed to its maintenance and the the OC has access to the space and can use it for any other purposes they may require.

    This would still be OC space and not necessarily added to his title.

    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.