Question: 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?
Answer: 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.
This post appears in Strata News #466.
Civic Legal E: aquahe@civiclegal.com.au P: 08 9200 4900
Disclaimer: This comment contains references to and general summaries of the relevant law and does not constitute legal advice. The law may change and circumstances may differ from reader to reader. Therefore, you should seek legal advice for your specific circumstances.
