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Hi Forum
I wrote a few weeks ago regarding an unapproved pressure hot water system installed by a lot owner who is unwilling to remove it but refusing to sign a by-law indicating he or any future owner will undertake to guarantee it maintenance as well as the pipes and solder in this 100 year old building with a recent new roof.
It gets worse. The lot owner has put the place on the market. It is on the top floor of 3 levels. Inspection transpires that he has also renovated kitchen and bathroom, not just fixtures as indicated and installed NEW exhaust fans from over the stove and in the bathroom that vent into the roof space that is minimally ventilated and newly sarked . A quick search of most guidelines reveals this is well below standard./unacceptable/dangerous.
What is our best next option? We don’t really want to punch holes in the new roof for a number of reasons.
NCAT or demand removal of the fittings and repair of ceilings with the threat of NCAT or other?
Does the owners corporation have any legal or ethical obligation to inform the real estate agent?
Their initial response was and I quote: “oh, those issues are beyond my pay grade”. An AGM is set for 16 August. The property manager is terrified of this lot owner and I am not sure why (yet). Thanks Djulz
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Your strata committee needs to talk to an experienced strata lawyer right now. You also need to put an item on the agenda for your AGM along the lines that “The owner of lot XXX be required to remove the unapproved changes to common property resulting from their renovations and restore common property to its previous state OR seek a by-law ensuring ongoing maintanance of the changes, as dictated by Section 108 of the Strata Schemes Management Act 2015.”
A second motion might read: That the strata committee inform the local council about unapproved changes to common property attached to lot XXX to establish whether they are in breach of building codes and development approvals.”
Now, that wording is just mine of the top of my head and a strata lawyer (not just an ordinary solicitor) will come up with something more pointed and effective,. The main this is you need to get these items on your agenda right now.
Once they are there, the will come up in a strata search and you will save youreselves a world of pain when a new owner fights to have these clearly illegal changes approved or removed (possibly under council orders) at the OC’s expense.
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.
Just to be clear, venting into a roof space is probably illegal. Renovating a bathroom requires by-law approval if the floor has been re-tiled. Your strata committee is being very slow to act on this and if I was an owner and found out this had been allowed to slide, I would be taking the SC to NCAT for failure to fulfill its responsibilities, becasue this is going to cost the owners a lot of money to fix – something over which you will have little choice – if you don’t fix it now.
Get something on the AGM agenda to let prospective buyers know the apartment is non-compliant, if nothing else, that will get the cowboy owner to reconsider their decision not to seek by-laws.
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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