An owner in our Class B Building put their townhouse up for sale. A neighbour attended an open house and discovered the owner had made substantial, unapproved changes to the property. What do we do?
A townhouse in our Class B strata scheme is up for auction. Through the selling process, neighbours have discovered that the owner has made unapproved changes to the property, e.g. replaced a square window with a rectangular window, replaced a sliding door with a standard door and removed a pergola. Vegetation had obscured these changes, which we observed during an open-house inspection. We've notified the executive committee, but it is slow to act, and the strata manager is not always reliable. What should other owners in the building do?
If the owners corporation wishes to pursue rectification or compliance, they need to issue a rule infringement notice.
The crux of this issue would be the requirement in the owners corporation's rules and if said rules are registered.
Further, whether the owners corporation has resolved and registered alternative rules.
The default rules note the below. If the owners' corporation wishes to pursue rectification or compliance, it needs to issue a rule infringement notice. This would require a resolution at a meeting of the committee or the owners corporation. Noting that the approval process requires a special resolution as compared to the previous resolution of unopposed resolution. This would be a general meeting.
1.4 Erections and alterations
- A unit owner may erect or alter any structure in or on the unit or the common property only—
- in accordance with the express permission of the owners corporation by special resolution; and
- in accordance with the requirements of any applicable territory law (for example, a law requiring development approval to be obtained for the erection or alteration).
- Permission may be given subject to conditions stated in the resolution
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Jan has worked in the Strata Industry since 1988. Jan is a partner and director of Bridge Strata and managing ACT and New South Wales schemes. Jan has been a member of SCA New South Wales for a number of years and served on the licenced manager's subcommittee. She's also a member of the SCA National Professional Standards subcommittee, as well as the recipient of many awards within the strata industry.
Jan is a regular contributor to LookUpStrata.
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