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  • #7396
    T

      People renovated the common property within their apartment (tiling, pipes etc.) without EC or OC approval. They never checked if tradesmen were licensed or insured. EC and most of most of the OC say it's now a closed book and are unconcerned.

      Can a concerned lot owner compel an independent inspection of the renovations by a qualified person to ensure the renovations are not defective, even when the OC, EC and renovator are against this inspection?

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    • #12838
      Billen Ben
      Flatchatter

        You might like to look at s65(2)

        (2)  An owners corporation may, by its agents, employees or contractors, enter on any part of the parcel for the purpose of determining whether any work is required to be carried out by the owners corporation in accordance with this Act.

        and then refer to s64(1).

        (1)  An owners corporation may carry out such work as is necessary to rectify any of the following defects:

        (a)  any structural defect in any part of a building comprised in a lot that affects or is likely to affect the support or shelter provided by that lot for another lot in the building or the common property,

        (b)  any defect in any pipe, wire, cable or duct that provides, or through which passes, any water, sewage, drainage, gas, electricity, garbage, artificially heated or cooled air, heating oil or other service (including telephone, radio or television services) within a lot.

        If you believe there maybe a defect (64(1)) due to the unauthorized work then s65(2) should get you in the door to inspect for defects.

        You should try to convince the OC it is in the OCs best interest to check things out because if issues occur in the future it may be much more difficult to seek a suitable remedy. The OC may get left holding the bag for expenses for a matter it can address here and now.

        #12848
        Billen Ben
        Flatchatter

          I would suggest taking a copy of the post by easty in the Who pays for 'illegal' door? topic to your EC or agent. Things can come back to haunt an OC if it gets complacent. It might take several years for a situation to develop but unchecked alterations to the common property are a danger because they can have hidden costs if ignored. Good risk managment should see they do not go unchecked.

          Just as the Seiwa case makes it clear an OC needs to be proactive in its approach to s62 of the Act; a proactive approach to other areas of the Act is also a best practice for the management of any SP.

          #12850
          struggler
          Flatchatter

            Our complex had a by-law drawn up to say that the bathrooms and internal plumbing were the responsibility of the individual owners.  We were forced to do this as owners would take matters into their own hands (get someone in to “fix” something in their bathrooms) but when it didn't work, or got worse, they would contact the EC to fix it!

            We also had owners who would not take matters into their own hands (ie not bother to look into that leaking water) and waited until it caused considerable damage then contacted the EC presumably for a new bathroom!

            By drawing up this bylaw not only will owners be forced to take responsibility of their own places, for the maintenance, for ensuring correct works are carried out. At least we hope it does.

            It is a fact of life that people will want to carry out renovations in their units.  Especially as a complex gets older and needs updating.  Some may do so without permission do to ignorance.  Some due to arrogance.  The problem is, the EC/OC has to protect themselves against any repercussions of “dodgy” works, or the home handyman who chisels up the tiles on his floor and tries tiling himself!  That is why we had this bylaw drawn up.  Only time will tell if it has really done the job.

            #12860

            Hi Uncle Jamal

            The answer to your question is, no. A concerned owner cannot compel an independent inspection. You will need to get the OC to change it’s mind.

            Regards

            Chris Kerin

            Senior Lawyer
            ———————————-
            TEYS Lawyers
            The Strata Law Experts
            02 9562 6500
            1300 TEYSLAWYERS
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            Jones Bay Wharf
            26-32 Pirrama Rd
            Pyrmont NSW 2009
             

            #12865
            Billen Ben
            Flatchatter

              Billen Ben said:

              If you believe there maybe a defect (64(1)) due to the unauthorized work then s65(2) should get you in the door to inspect for defects.

               

              I should just clarify that when i say you i did not mean you personally; i mean one of the parties covered by the sections of the Act i refereed to ; i.e. the OC, the agent, employee / contractor.
              As is implied in my post, and supported by Chris in a later post, you should try to get the OC to change its mind about having a look.

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