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Topic
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At present one of the lot holders in our Strata Plan is in the process of selling his lot which has a vergola over part of his backyard patio and an split system airconditioning unit attached to the back wall of his townhouse.
The solicitor of a prospective buyer has written to the lot holder requesting a copy of the by-law in which approval of the air conditioning unit has been granted. (no mention has been made of the vergola). Neither the lot holder nor the Executive Committee were aware that permission had to be granted by passing and registering a by-law. In fact, a number of structures have been added to individual lots including other split system air conditioners, a roof mounted solar hot water system and the addition of a sun room to one townhouse. These are the ones the executive Committee is aware of.
Is the prospective buyer's solicitor correct and is the Owners Corporation therefore obliged to deal with such structures by passing and registering by-laws that cover these additions/alterations to a specific lot?
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The short answer is YES – but you don’t have to pass and register a Special By-Law in order to resolve the present issue involving the impending sale of a Lot. As an “easy-out”, your Plan’s Executive Committee could issue a retrospective consent to the Owner of that Lot, covering the air conditioner and the requirement for all on-going repairs / maintenance / replacements to be the absolute responsibility of the Lot Owner from time-to-time (i.e. current and all future Owners).
Then … you need to have some generic Special By-Laws expertly drafted, agreed to at a General Meeting (<25% non-agreement), and Registered to retrospectively and in future cover the installation of air-conditioners, the placing of items (solar panels / solar hotwater) on Common Property, and Additions to Common Property (the sun room, and in this case probably covering that Owner’s Exclusive Use of that area).
You need to resolve this, because if there's ever a discussion about who's responsible for those items in the circumstances that you describe, there's precedent for all of them to be deemed “Common Property”, and in which case your Owners Corporation will be entirely responsible for all maintenance / repairs / replacements; forever!
Dear Strata Guru
Thanks for that advice.
Best wishes
Jef
Thanks for your appreciation. By the way, his name is Whale – StrataGuru is a highly sought-after ranking on this Forum and so far only three members have made the grade (purely arbritrarily set by me).
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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