Common property is a simple enough idea – every part of a strata building that isn’t specifically owned by one person is collectively owned by everyone. But there’s always someone who thinks if they own a share of common property, they can treat it as if they owned it all.
QUESTION: One owner in our block of flats is constantly carrying out work on common property without asking the Executive Committee or the Owners Corporation. For example, she has installed her hot water system and a surveillance camera on the rear top balcony, both without permission. We send breach letters but she simply ignores them.Now we have refused her permission to build into the roof above her flat and we are worried she will simply go ahead and bulldoze the relevant approvals through Council planning later.As a result, we have put locks on the hatch to the common property roof space and told her she can have access as required only for authorised purposes. She says she intends to access the roof space any time she sees fit and by whatever means necessary.We assume she means to break in. If she does so, are we able to call the police and have her charged with criminal damage? Is there anything else we can do to prevent this? ANSWER: There’s a point at which nibbling away at these problems becomes counter productive so you may as well go the whole hog and act decisively (especially after this appears in the paper).
First send her properly formatted breach notices for the hot water tank and the camera. You can download the form from the Fair Trading website www.fairtrading.nsw.gov.au/pdfs/realestaterenting/compform.pdf. If she doesn’t remove them with 28 days, you can take her straight to the tribunal where she faces fines of up to $550 rising to $5500. Meanwhile send her a letter reminding her that Common Property is not hers to access as she wishes and any efforts to do so will be a further breach of by-laws.By the way, no council will approve her annexure of common property without Owners Corporation approval.
The police are very unlikely to get involved but $550 fines will soon bring her into line. Email your questions and comments to mail@flatchat.com.au (note the hyphen) or see www.jimmythomson.com/flatchat for previous columns.