#18387
Jimmy-T
Keymaster

    Apologies for any confusion you may feel or have felt – there are differing opinions on these things but you could do a lot worse than just follow Whale’s advice in its entirety.

    The whole business of laissez-faire and non-bureauicratic responses is all very well … until someone pulls out the rule book, the by-laws and strata law and starts demanding payment from the Owners Corp to repair work that shouldn’t have been done in the first place (THIS posting, just in today, is a perfect example of why you would want to avoid that).

    The smart thing to do now, apart from this specific issue, would be to have an audit of all work done ‘on the nod’ and get formal agreements in place as soon as possible  The people who turned a window into a door should have had a by-law in place that ensures they are responsible for repairs and maintenance.  Their subsequent request to annex the land outside for a garden should  come with an offer of payment based on any enhancement that makes to the value of their property (which would be considerable).

    If the strata manager isn’t up to the task, then a strata lawyer will draw up the required paperwork at the garden annexing lot owner’s expense. Anything less should be rejected.  

    Bad practice in the past is not an acceptable reason for lax procedure now.  We are all learning about strata as we go and everyone has to accept that we have to do the right thing, even if we’ve done the wrong thing in the past.

     

    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.