@Austman said:
Since the work was been done without OC permission, wouldn’t inspection of the work or some documentation of the work quality be enough for the OC?
That would seem like common sense but the problem arises if … well … a problem arises. Without a binding commitment to repairing the common property or any other part of the building that’s affected by this work (most likely water leaks or a failure of the tiles themselves) then the cost of repairs would ultimately fall back on the Owners Corp.
This is clearly unfair since they haven’t requested, authorised or in any way benefitted from this. Even so, if this owner sells the unit, the next owners can demand that the OC takes responsibility for the tiles.
The only way to transfer responsibility for common property in perpetuity is through a by-law. As others have suggested, it would be better to have a catch-all by-law in place so that this and any future unauthorised changes to common property become the responsibility of the the current and future owners of the lots concerned