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One of the owners in our small block of five units had permission to lay new tiles over old tiles on the balcony, during the heavy rain this winter there was a serious leak into the unit, the owners proceeded to repair leak without first informing the body corp. They have accepted some responsibility and the Body Corp has paid half the costs and required that the owners now accept full responsibilty for any future problems.
Is the Body Corp within its rights ?
I had read in one of your columns once an owner alters what is common property they are responsible for any repairs.
Susan
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If only it was as simple as that. Responsibility for repairs should have been a condition of permission to lay the tiles. Failure to get that agreement pushes the responsibility back on the OC as they gave permission. Getting the owner to pay half and then tidying up that question seems to be a reasonable compromise.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
There is probably a bylaw in place which prohibits an owner or occupier from damaging or defacing common property unless written approval of the owners corporation is first obtained.
However, laying floor tiles without drilling into the concrete slab is not damaging common property.
The question is, when the tiles were laid, was common property damaged?
If common property has been altered, then approval can be obtained retrospectively. If this approval is not forthcoming, then there are avenues available to the owner to have the works approved.
Chris KerinPartner – Building Defects
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If common property has been altered, then approval can be obtained retrospectively.
I don't think that this the CTTT takes this bylaw as implied. We had an owner who put a 25 foot fence and cut a railing in his balcony to make a private area for himself. Two ADDITIONS made without even a executive meeting or general meeting. When a complaint was made his friends got together and started passing special resolutions. Matter went to adjudicator and hearing but these 2 structures remain and today he has defacto exclusive access to that bit of common property. What a Joke!
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