Can the S/C vote to enhance a lot owner's property? | Common Property | Flat Chat Forum: Your Questions Answered




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Can the S/C vote to enhance a lot owner's property?
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LawoftheLand
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15/05/2018 - 11:34 am
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Hi,

Can the S/C vote upon enhancements to a Lot owner’s private property at the expense of the O/C?

And if so, wouldn’t that enhancement set a precedent with other Lot owner’s who would then expect the O/C pay for similar work? 

In this instance, the enhancement is to a planter box that is neglected by the owner and as the Lot is at the front of the building – it is an eyesore. Other residents, like myself, pay and tend to their own planter boxes/gardens attached to the Lot.

How can the O/C address this eyesore with the Lot owner?

Thank you.

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JimmyT
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15/05/2018 - 1:30 pm
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LawoftheLand said
Can the S/C vote upon enhancements to a Lot owner’s private property at the expense of the O/C? And if so, wouldn’t that enhancement set a precedent with other Lot owner’s who would then expect the O/C pay for similar work? 

This probably comes under your by-laws plus section 120 (2) of the Act (below).

Under the standard by-law (12 in the current model by-laws), the owner or occupier of a lot “must not, without the prior written approval of the owners corporation, maintain within the lot anything visible from outside the lot that, viewed from outside the lot, is not in keeping with the rest of the building.”

You probably have this by-law or something similar.

Under Section 120 (2), the owners corp (or strata committee) can carry out work that should have been done by an owner and then charge them for it. FYI:  The significant word is “may”, meaning they have the option to do the work and the option to charge for it.

120 Owners corporation may carry out work required to be carried out by others


(2) Work required to be carried out under term or condition of by-law

If a person who is the owner … tenant or occupier of a lot in the strata scheme fails to carry out work that is required to be carried out by the person under a term or condition of a by-law of the scheme, the owners corporation may carry out the work and recover the cost of carrying out the work from that person, the owner of the lot (if the person is not the owner) or any person who, after the work is carried out, becomes the owner of that lot.

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