#12846
easty
Flatchatter

    This is a problem that has perplexed our plan for several years.  This is because for about ten years nearly every owner in our plan has made changes to the common property attached to their lots without seeking approval from the OC.  These changes range from installation of air conditioning to shutters and awnings, timber floors and bathroom renovations.  Once the first owner did something it proved hard for others not to follow.  One in all in so to speak. 

     

    It was the culture in the plan therefore for about the first seven years that if you wanted to do or install anything you just went ahead and did it. Now the problems caused by not monitoring CP changes are coming home to roost – last year for example the OC had to replace a storm damaged awning which had been installed eight years ago by a lot owners without seeking approval.  

     

    Two of the most expensive additions to our lots have been the installation of shutter doors outside the existing balcony doors of a townhouse and a $25,000 air conditioning system contained wholly within the common property (i.e. the roof) of another lot.

     

    The OC has been advised these and indeed all alterations to the CP, even though they have been made without reference to the OC,, still form part of the CP and if they require repair and or replacement it will be at the expense of the OC.  The OC can of course decide not to repair or replace but this requires a special resolution at general meeting which would be hard to pass as nearly all owners have unapproved renovations to their lots.

     

    As time moves on it will become more and more difficult to remember what changes came after the building was completed (in 199) as only one of the original owners still lives in the plan.  Several lots have changed hands many times so any new owners would have a reasonable assumption if an item is on the CP it will be the responsibility of the OC to maintain.

     

    To address the situation we are trying to identify all the CP changes and then have owners retrospectively apply for approval of the alterations/additions.  The OC has already approved two alterations with the condition that the owner agrees in writing to maintain the changes, insofar as they affect the CP.  We have created and registered a generic by law for the purpose and set up a register of Common Property changes.  It will be a long process.

     

    While we have implemented this program on advice of both the OFT and LPM Authority we have formally written to then for written confirmation as to conformity with the SSMA 1996.

     

    Anyone with advice or suggestions would be most appreciated.