One of our owners added a room to their section and now the roof is leaking. Surely this is his responsibility and not the Body Corporate’s as he did not get the proper permission for this extension?
We already looked at the procedure for extending a section in another QTW.
The fact of the matter is that this added room (and roof) now became part of the scheme even though the owner did not get the proper permission for it. So the Trustees have two options:
- Ask the owner to reinstate the common property as it was – seeing that they don’t have permission for the addition (i.e. break it down)
- Assist the owner to get the proper retrospective permission
If the addition remains then that roof is now common property and should be maintained by the Body Corporate
STSM Act
Section 3. (1) A body corporate must perform the functions entrusted to it by or under this Act or the rules, and such functions include—
(l) to maintain all the common property and to keep it in a state of good and serviceable repair;
The division of common property and section is another QTW