Question: If a lot owner installed an air conditioning system without approval in 2013, can the owners corporation ask for retrospective approval in 2023? Is there a time limit on retrospective approval?
Answer: The owners corporation can and should seek retrospective approval if an owner wishes to keep the unauthorised alterations.
Generally, the owners corporation is responsible for ensuring any unauthorised alterations or additions to the common property made by an owner are removed and the common property made good.
So, the owners corporation can and should seek retrospective approval if an owner wishes to keep the unauthorised alterations or additions. The owner should also assume responsibility for the obligation to maintain and repair the air-conditioning works.
This post appears in the November 2023 edition of The NSW Strata Magazine.
Leanne Habib Premium Strata E: info@premiumstrata.com.au P: 02 9281 6440