A unit owner installed a blind without seeking approval and has since passed away. The owner's son has inherited the lot. Is the son now responsible for arranging for approval of installation of the blind?
A few years ago, a unit owner had a blind installed on his balcony without consent. The owner ignored numerous requests to apply for permission by way of a by-law. At the time, the owner was terminally ill and has since passed away. There was sympathy for the owner so legal action was not instigated.
The blind does not protrude from the building and when not in use is not visible either from the street or other units. Even when it's lowered, it is unobtrusive. None of the other owners object to the blind.
The owners corporation's main concern is whether the installation was carried out correctly, and no damage will occur in the longer term to the building.
The unit was inherited by the deceased owner's son. The strata manager has now requested the son to apply for a by-law for the blind. He has refused, saying that because it was installed by his late father, he is not responsible. Could you please confirm if the son is responsible for obtaining approval for installation of the blind.
If the son is the new legal owner, the responsibilities of the apartment are now his.
I think that the OC seems to be acting reasonably in the situation. It is up to owners to take advice from their strata manager regarding any proposed renovation before the works are undertaken. They are attempting to assist the owner ‘legitimise’ their installation and pass on the ongoing responsibilities as would be appropriate.
The main concerns with external blind installations is that they can be unsightly, not to mention dangerous with wind and environment factors. They almost always require a by-law to pass on the ongoing responsibility to the respective owner.
If the son is the new legal owner, the responsibilities of the apartment are now his. He can’t hide behind the excuse that his father installed the blind. As I see it he has two options:
- Arrange for a by-law to be drafted, voted on and registered allowing the blind to be installed.
- Remove the blind.
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The Strata Collective Managing Director Rod Smith has a Bachelor of Commerce and has been a strata manager of over 16 years. Rod currently sits on the SCA (NSW) Strata Managers Sub Committee and has previously been elected as a representative to the UDIA (development peak body) Strata Management Chapter for five years. The Strata Collective is currently the winner of the 2018 Small Strata Manager of the Year – NSW.
Rod is a regular contributor to LookUpStrata.
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