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Just come across this issue where a builder sells all his lots (NSW) off the plan and offers optional extras for a price.
Say one of these extras is an a/c unit atached to a common wall (lets ignore the compressor unit for simplicity) and half of the owners take this option (40 lots 20 accept) before the strata is registered.
Now once the strata (after the a/c units are installed) is registerd with just the standard bylaws (none relating to a/c units and reasponsaibility for them) once the owners take possession surely those who prepaid the builder to have the a/c installed can expect the Strata to maintain them for the indefinate future.
Whereas those who subsequently have a/c installed (again to a common wall) have to register a bylaw accepting reasponsibility to maintain said units.
This to me seems grossly unjust but I cannot see a flaw in my reasoning.
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I can see why you would think that but unless it shows them on the strata plan or in the by-laws, I would think they came under fixtures and fittings – just like ovens and tumble dryers. They are fixed to common property and sold by the developer but once the warranties run out, they are the individual owners’ responsibility.
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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