› Flat Chat Strata Forum › Common Property › No proof of special resolution – how long to retain minutes › Current Page
DaveB – thank you for letting me know its 5 years.
Whale – According to hearsay in our strata complex ~15 years ago an owner of a townhouse modified the rear roof to extend it further over rear courtyard in their lot. Apparently the modifications may not have been done perfectly and there has been some problem with water leakage in heavy rains. The owner states the roof changes were approved at the time however the strata minutes only go back a few years and no bylaw exists regarding the roof changes. The owner has not asked for repairs by the OC, however the owner is looking to sell the property.
I guess the thought is does the OC raise an issue that the owner did unapproved changes and must fix the roof; or get a backdated bylaw (if thats something that can be done) transferring maintenance to the owner. Or do nothing and the responsibility will transfer to the OC when the property sells. With the very likelihood that a new owner will reasonably ask the OC to repair any roof problems.
A problem made very difficult by lots of time passing, no documentation, and a complex where every townhouse is slightly different to the others. So its difficult to determine what is ‘original’ and what has been modified.
Based on my short time in this complex I think most likely the OC will do nothing and will have to cover the costs of repair when they arise.