Question: In our building, there are many instances where improvements have been done on common property without approval. How do we manage this?
The prior owner installed an air conditioner servicing only my lot on a common property wall. The Body Corporate committee minutes do not have any record of approval for this installation. There was no mention in the sales contract of the improvement/installation or that I was responsible for rectifying any issue associated with this modification.
Who is responsible for the maintenance of that air conditioner on the common property? Is there something I could have done prior to purchasing the unit that would have alerted me to this situation? Why didn’t the selling agent notify me?
There are many other examples of improvements on common property like this throughout the building. Most of the lots are rented and the committee just lets people do what they want. There is no follow up to ensure the correct processes have been undertaken, no record of applications for improvements.
What do we do to rectify this situation so the changes that have been made to the complex are either recorded properly or rectified? Do we need to have a report or inspection done?
Answer: The committee could do a walk around to review current improvements and cross check the records.
Some committees are very proactive and will act on non-compliance with by-laws, such as an air conditioner installed on common property without approval. However, some are not. Also, they may not be aware of the issue, particularly if they do not live on site.
As the air conditioner is for your unit, then yes, you are responsible for it. You may wish to send an application for approval to the body corporate, which should then be on the records as an improvement to common property.
If you have an interest in what is happening in your scheme you may wish to nominate for your committee and be a pro-active member. The committee could do a walk around to review current improvements and cross check the records. It would be good for them to communicate with the residents on the particular by-law requirements and ask that residents send in applications for approval. You can also communicate this to your current committee.
You do have an option as an owner to request the body corporate to enforce the by-laws on a particular occupier for a particular breach. This is done via a BCCM Form 1, the process and form can be found on the website of the Commissioner for Body Corporate and Community Management. It is important to note that committees who focus on engaging ALL residents can go a long way to transforming a building into a harmonious place to live.
This post appears in the December 2021 edition of The QLD Strata Magazine.
Charlotte Divall SSKB E: cdivall@sskb.com.au P: 07 5504 2000