Unapproved Changes to Common Property

Published: Sunday 29 September 2019

Who is responsible if an owner makes changes to common property without Owners Corporation authorisation?

Whilst there have been various court cases over the years regarding similar issues, the Court of Appeal has made it clear in the Krimbogiannis case in 2014 that unauthorised changes to common property are not the scheme’s responsibility to repair and maintain. It is important though for the scheme to address the illegal work.

A classic example of unapproved changes to common property

Take the classic case of an owner who decides to renovate his bathroom without the consent of the owners corporation. During the renovation, the owner re-waterproofs his shower tray. Several years later, after the owner has sold his unit, the shower tray allows water to leak into the unit below because it was not re-waterproofed correctly. Who is responsible for fixing the defective shower tray?

To find out how to manage this type of situation, we review why you shouldn’t ignore the changes, and what needs to be done in Issue 30 - September 2019 of our Progressive Strata Newsletter.

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