Flat Chat Strata Forum Common Property Current Page

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  • #52295
    chesswood
    Flatchatter

      One of our Sydney units changed hands last year. The vendor did a hasty renovation which included replacing the kitchen cupboards. There is a gas-fired water heater in the cupboards which had to be removed while the cupboards were replaced. We strongly suspect that no licensed plumber/gasfitter was used because the exhaust flue outside the kitchen was left hanging at an odd angle; no competent tradesman would be so shoddy.

      The exhaust flue is presumably common property because it’s outside the cubic space of the unit. The OC thinks the purchaser should pay for rectification because the fault was caused by the former owner. Is there a ruling on this?

       

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    • #52302
      Jimmy-T
      Keymaster

        The exhaust flue is presumably common property because it’s outside the cubic space of the unit. The OC thinks the purchaser should pay for rectification because the fault was caused by the former owner. Is there a ruling on this?

        There’s nothing in strata law specifically about this but IF the flue is common property and the vendor is long gone, then, in the absence of by-laws that say otherwise, its Owners Corp responsibility.

        That’s why the common property by-law insists that the lot owner or the owners Corp has to take responsibility for changes.  And that’s why “nod and wink” approvals for changes to common property are such a bad idea.

        At some point your OC or committee members have decided to ignore work they must have known was going on.  Now all the owners in the block are paying the price.

        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.
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