Question: An owner retiled over existing balcony tiles without approval and now the waterproofing below the original tiles has failed. Who fixes what?
An owner retiled over the existing balcony tiles without approval from the owners corporation. No bylaw for the work exists. The existing waterproofing below the original tiles has failed.
How should we proceed? Is the owner responsible for removing the top layer of tiles and retiling and the owners corporation responsible for the original tiles and waterproofing?
Answer: The Owners Corporation can take steps for a by-law to be approved retrospectively this will also deal with ongoing maintenance obligations.
The Owners Corporation can take steps for a by-law to be approved retrospectively this will also deal with ongoing maintenance obligations by the owner. Arguably and I would need to review the By-laws of the scheme for a more definitive answer, the Owners Corporation could request the unauthorised works be removed and reinstated to their original condition. The Owners Corporation obligation’s role is to properly maintain and keep in a state of good and serviceable repair the common property.
This post appears in Strata News #572.
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