Question: An owner enclosed his balcony to create any additional liveable space. Retrospective approval included a motion that the owners corporation accepts the structure as built. The owners corporation has accepted this. What risk does this expose us to?
Without correct approvals, an owner in our ten lot strata scheme has enclosed his balcony with glass panels/doors to create an additional liveable space. This work changes the outside appearance of the building.
He completed the work without council approval or complying with the Design and Builders Practitioners Act or owners corporation approval which he subsequently obtained eight months later.
His motion to seek approval was subsequently changed at the meeting to include that the owners corporation accepts the structure as built. In other words, the owners accept an illegal non complying structure on the building. This potentially affects the building insurance and the value of the building and individual units. I objected that the change in the motion materially changed the intent of the original motion, which was to approve the enclosure off the balcony, not the enclosure on the balcony.
The owners corporation now does not wish to request compliance. Does this expose us to any risk? As an owner, what can I do?
Answer: Seek to have this motion brought up at the next general meeting.
This owner who has enclosed his balcony should submit a special by-law to the owners corporation for approval to ensure he remains responsible and liable for the ongoing maintenance. You could seek to have this motion brought up at the next general meeting. The difficulty here is that the lot owner can seek to obtain retrospective approval from the owners corporation.
At the meeting, you may wish to raise that the owner completed the work without compliance with the Strata Schemes Management Act 2015 and requirements of the Design and Builders Practitioners Act. The Owners Corporation could consider escalating this matter to the Tribunal to enforce the breach of the by-laws. I would be happy to advise further with you directly in this regard.
This post appears in the September 2023 edition of The NSW Strata Magazine.
Pierrette Khoury
Khoury Lawyers
E: pierrette@khourylawyers.com.au
P: 0415 459 486

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