#13198
Jimmy-T
Keymaster

    Errr… no, not quite: my view is based on the fact that the unit holder can't just do what he or she wants with common property so they don't get to demand anything.

    But, yes, it's good to have a Plan B and if the Owner wants to add this to their holding, they would have to pay even more to the Owners Corporation (and that's based on a legal precedent established in the Supreme Court) as well as pay for all the legals and for the Unit Entitlements to be reassessed.

    Let's be absolutely clear, the owner in this situation has no “right” to annex Common Property and has breached Strata law and the building's by-laws by going ahead and doing what they want with the loft space.

    So even if the Executive Committee was compliant and let them away with it, all it takes is for one owner to go, “hang on, we've been dudded, here!” and the whole mess would end up at the CTTT.

    Maybe the owners didn't realise they couldn't just install air-con above their unit – but ignorance is no defence, not even in Strata law.

    The most important thing is for the Owners Corporation to establish that the owner is responsible for the upkeep of the installation – otherwise subsequent owners can legitimately demand that the OC maintains and repairs their air-con. 

    The OC also needs to establish that they have access to the roof space for their own needs and that the owner pays something for a) the privilege of using common areas for their own purposes and b) the hassle they have caused.

    And if they want to own the space, they had better get the cheque book out again.

    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.