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Hi
If an extension was done over 20 years ago, not approved by council, no plans, it is however on the strata plan for the unit owner, who is responsible in enduring it is structurally safe?
If it is owners corporation can we demand that this unit owner must allow entry to cut a hole in the ceiling to do structural testing because cutting the membrane on top will risk of leaking into that unit.
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If it’s on the owner’s title (on their portion of the strata plan) and not marked as common property, it’s probably the owner’s responsibility. What does the owner think? If other owners accessed that part of the property, would s/he object? If so, the owner probably considers that it is part of their lot.
What are the implications of structural instability? Are you concerned that if it falls down the owner will try to recover from the Body Corporate on the basis that it wasn’t approved by you?
You could try passing a special by law to state that additions done before a certain date and incorporated in a unit holding are henceforth considered the owner of that lot’s responsibility. That might at least draw him or her out….
Surely the first question to ask is Does it require council approval
If it does before anything else this approval needs to be obtained. The Strata shouldn’t doing anything to an illegal structure except maybe removing it.
I’d also get a copy of the Strata plans and bylaws from the NSW Lands dept to make sure the plans you are looking at are the same as those registered.
I bought my townhouse 13 years ago and the documents provided to me by my solicitor were not the ones registered with the QLD gov and this only came to light over the last 12 months due to an Adjudication case. Not sure if the other owners doc are correct or not but the SM had the wrong ones as well.
Did the structure need OC approval?
Did the structure need council approval?
Is there any record of either?
If there is a record, does it show construction details (which may answer some questions about how solid it is)?
Does the Land Titles Office have anything registered for your development (handy to know about other stuff anyway)?
Ditto for the council?
Is it shown on the strata plan as common property or part of a lot? That should be definitive about who owns what.
If there is no record of anything, I suggest that the EC engage a strata specialist lawyer to advise on who is responsible to do what where. I would suggest that you want advice that is practical to let you and your neighbour continue to have the convenient access provided by the structure while protecting the other lawyer/unit owner from possible liability and also the OC from possible liability. That advice might be to pass certain resolutions now to regularise the status quo so it can continue in a correct legal manner.
I would also want to have a structural engineer provide the advice if plans and approval cannot be found. However, it sounds like you need the engineer in any case if the railing are wobbly.
The bottom line is that the OC (IE all of you collectively) does not yet know that it is not responsible for a structure that might be dangerous. Similarly, the unit owner below does not know what he/she might be liable for.
I would be seeking to ensure that everything is correct and transparent, and above all safe, with structural advice and legal advice. I would be trying to impress on the lawyer/unit owner below that it is in his/her interest to have this sorted out from both the perspective of being the lot owner and from being a member of the owners corporation. I would be emphasizing that all benefit from clarity around the situation. No losers, only winners.
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