Paddy

So if the cost to repair/replace the skylight is less than the Strata insurance excess, the owner should be required to pay?

Thanks for that, Jimmy.

My interpretation of section 108 (clauses 1 – 4) is that it deals with an owner seeking approval to add or alter or erect a new structure on common property prior to such work being undertaken.  

Where the action has already been taken and (under clause 5) although we may be able to obtain written consent from the owner of the HWS, there may well be other instances where unauthorised additions have been made to common property of which we are unaware.  

Hence the attempt at making a generic by-law to cover all existing and future unauthorised additions/alterations.  Or we could just rely on the fact that if it is deemed common property we could advise the owner that we will remove it unless they are prepared to maintain it.

Thanks Jimmy.  As you said “Installations that are left on common property without permission become the responsibility of the OC when the owner who put it there sells and moves away.”

That was my understanding also and therefor the Strata Manager was correct in paying for the replacement.

So to the main point – can we propose a by-law, to be voted on at the AGM in 3 weeks time, which states that any previously unauthorised additions to common property are now the present owner’s responsibility to maintain or replace?  

It would seem possible provided 75% approval.

Thanks Whale.

Looks like we are going to need another general meeting as the proposed colour scheme wasn’t finalised in time to send with the agenda.  We are hoping that we have unofficial consensus (over 50%) before we have the new meeting so that it is a fait accompli. We have narrowed the choice down to 2 (similar) schemes so at least we are almost there.

Paddy