#12807
Billen Ben
Flatchatter

    This is one of those cases where the OC should have known what was going on but this situation also highlights how difficult it can be to keep tabs on what owners do and how long it can take for some matters to come to light.

    Struggler makes a good point; why should the owners have to pay?

    Definitive answers generally come from the Court of Appeal and that is a long and expensive haul.

    The key words in this issue seem to be “common property doors”.

    I do not think the new owner bought the “illegal” door. If the door is on common property it was not the original owners' door to sell to the new owner. The new owner shouldn't be responsible for the door.

    It was wrong of the owner to upgrade without telling anyone and that highlights the diligence an OC needs to have.

    That the owner who installed the door is long gone may well leave the ball in the OCs' court.

    The history of the door (i.e time it has existed) would be a factor given significant weight by CTTT if cases i have seen are indicative. In cases i have been involved with the “time factor” seems to be enough to establish things with some CTTT Members; even if the thing was wrong in the first place.

    The beauty of the Flat Chat forum is that there are so many lessons to be learned for Strata owners. An OC needs to check all work done on the property to ensure it was what the OC desired.