#21628
kiwipaul
Flatchatter


    @scotlandx
    said:

    If an OC took it upon themselves to rip out an air conditioning unit that serviced a lot on the basis that it was an unauthorised addition by a previous owner, they would be in a hell of a lot of trouble.  The same applies to an addition that needs servicing – if there is no by-law specifying that it is the responsibility of an owner, then the OC has to do it.

    I’m not for one moment suggesting that anything unauthorized be ripped out, I just saying it’s not the strata responsibility to fix an unapproved addition.

    Quote from another post.

    Two points:  The owner in question wants to change the compressor at the Owners Corporation’s expense.  This owner does not consider the air-con to be their own private property.  This was an illegally installed unit for which responsibility has transferred to the owners corp (unless the owner is lying).

    On that basis, the Owners Corp has acquired responsibility for the air-con but, as I have said repeatedly, they don’t have to fix it.  They can just remove it.

    This is a different situation from an owner wanting to fix their own air-con at their own expense

    Author JT himself.

    I also agree Whales solution is the best but how many strata have the knowledge and time to manage this, I suspect very few and most would only come across this issue once an illegal alteration have been found and a new owner is asking the strata to repair it.

    For the strata to accept responsibility to maintain all unauthorized alterations is a license for unscrupulous operators to make unauthorized changes then sell expecting the strata then to repair their doggy work. Luckily I live in QLD where this cannot happen but I cannot believe this was the intention of the strata act NSW.