A previous lot owner who no longer owns a property in the strata scheme installed a skylight without permission. If asked to do so, is the new owner liable to reinstate the common property and repair any damage?
In the absence of any more specific information, the answer is yes.
In the absence of any more specific information, the answer is yes.
The general rule is that the lot owner is the party responsible under the by-laws with regard to common property. Once the lot owner has sold his or her lot, he or she has no more responsibilities to the strata company.
However, the previous lot owner should have disclosed to the new lot owner at the time of negotiating the sale that the skylight was installed without authorisation.
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Anthony Quahe is the Managing Principal of Civic Legal. He was called to the bar in 1982 at Lincoln’s Inn, London and has practised as a lawyer in Western Australia since 1990. Today, Anthony is one of the leading legal practitioners in the commercial and local government sectors in Western Australia. Anthony is a regular contributor to LookUpStrata. Anthony approaches client matters with a strong strategic acumen. He is a member of both the Australian College of Strata Lawyers and the Strata Communities Association WA Inc. Anthony is one of only a handful of lawyers in WA proactively committed to providing legal expertise to the strata title sector.
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