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Hello. I have two questions:
1. After purchasing my apartment, I discovered my water heater is located in a private lot that years ago was once common area (it still has all of the building’s services in it). There are no bylaws or paperwork when and how this occurred. The current lot owner, who bought their apartment a year before I did, was unaware of this. Who’s responsibility is it to relocate it?
2. Upon further inspection, I discovered that we share a separate water heater in the same space. I am unable to access this shared heater as the door is locked. Is this legal?
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The question is, how did this former chunk of common property ever become lot property. If there’s no by-law on file, it’s still common property and you are entitled to access the water heater.
Maybe you could do a deal with the lot owners that if they give you a key, you won’t challenge their right to lock the door.
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.
Why do you think the water heater is in someone else’s property, and is not on common property? I’m doubtful that is the case… It may be that an owner has previously taken over the area illegally.
The starting point is the strata plan, which you should obtain, which show the lot property and common property. I’ll bet that shows the room with the heaters as common property. It is hard to sell common property, and it is unlikely this would have been done for a room that is has shared equipment belonging to all owners. And certainly, if that happened, then there would be written evidence, and a by-law.
Get advice from your strata manager, or else consult a strata lawyer. If someone enclosed common property without authority, then now you are aware of that, then they will need to restore it to its original condition.
If someone enclosed common property without authority, then now you are aware of that, then they will need to restore it to its original condition.
You are probably right in thinking that this are has, at some point been absorbed into the lot by the neighbouring owner. And you are right in thinking that, in the absence of common property by-laws recognising the transfer, it is still common property.
But the person who now owns the lot probably bought it in good faith, believing that this room belonged to the lot. So before anyone starts calling lawyers, maybe it’s worth asking who needs access to the property and if that is likely to be denied to them when the facts of the matter are spelled out. Simply providing a copy of the key so that the OP can access their water heater if need be would save a lot of unnecessary heartache and expense.
Hower, if the lot owner refuses to recognise that they have been misled, it might be time for the OC to flex its legal muscle.
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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