"Unapproved" alterations to common area

[Roosterman]

Hello SSers

Looking for some advice for a mate of mine.

He's just sold his PPOR, contracts have exchanged but it is not yet settled.

The unit has a small outdoor area that is common property.

My mate, without getting explicit approval from the owners corp, installed a floating timber deck over the existing tiles, and put some wooden slats over the existing fence.

During the inspections when the unit was for sale, someone from the owners corporation inspected the unit under the guise of "checking for mould", despite my mate not complaining about mould.

He then got a letter from the owners corporation, saying that as the alterations were not approved, he needs to pay for a new by-law ($1000 to $1500) to clearly state who is responsible for maintenance etc.

The owners corp "are aware that you are currently in the process of selling the property and that settlement is to occur shortly. Please be assured that it is not the intent of the Owners Corporation to cause any issue with the sale or settlement of your property, however we would like to address this matter as promptly as possible so we may reach a reasonable solution and resolve prior to settlement."

Can the Owners Corporation legally block settlement over an issue such as this?

What do you think my mate should do in this situation? It may cost him more to rip up the deck than to just get the bylaw.

Thanks in advance
Roosterman

 

[marg4000]

Yes, they can. The common property belongs to the whole complex, and any alterations require permission.

Who is responsible if someone trips over a loose nail in the decking? Your mate, that's who.

Usually if someone gets permission to alter common property, they are responsbile for any damage, and that responsibility passes to any future owner of the unit. Any future maintenance will also be the responsibility of the buyer, who may not be happy that he wasn't told. Searches of the body corporate won't reveal anything that was unauthorised, and this could lead to future legal problems for your mate should an issue arise.

I recommend your mate gets good legal advice as to his responsibility to the buyer - things may be different in different states.

At the very least, he has a moral obligation to notify the buyer.
Marg