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In our complex, an owner is requesting the EC to approve repairs to buckling tiles in his courtyard. It seems that the courtyard has been repaved at some point, although the Strata Managers can find no evidence of request to do this at all. It does not now resemble other courtyards in their original state. The owner also says that the courtyard was in its current state when he purchased the unit some time ago. What is the responsibility of the OC when unauthorised work has been done, and things go wrong?
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If the owners can prove the tiles had been changed before he bought and the courtyard is common property, then they are the responsibility of the Owners Corporation. If the owner can't prove the tiles were there when he bought or if the courtyard is on his title, (ie, not common property) then it's his problem.
Assuming for a moment that tiles are common property and were there when he bought, I would make two offers – either the OC reinstates the tiles to being the same as the other courtyards or you repair them on condition that he takes responsibility (via a special resolution by-law) for their future maintenance.
This, by the way, is another reason why we should never allow changes to common property to a “nod and a wink”.
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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