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Alterations

By Sarah Julius on Sat, 10 Mar 2012 at 12:16

One of the owners in our complex had two burgalaries in a row. She asked the chairman whether she could remove the glass panel next to the door and close up with bricks.The chairman told her he does not think that it will be a problem. The owner has now bricked
up the panel.Other owners in the complex is upset and said they would like to do the same.One of the trustees advised that if all owners do the same it will affect the structure of the building carrying to much weight in the end.One owner has now called for a SGM to discuss the legality of this change. Can an expert advise the implications of this situation. Can she be asked to remove the bricks and replace with glass again.
Thank You,
Sarah

Replies

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RE: Alterations

John Yates replied on Sat, 10 Mar 2012 at 15:53

Follow.

RE: RE: Alterations

Anne Greening replied on Sat, 10 Mar 2012 at 19:07

follow

RE: Alterations

John Llewellyn replied on Sun, 11 Mar 2012 at 11:57

It has been my experience "Possession is 90% of the Law" I seriously doubt you will be able to reverse the alterations.Even if you sought a "judgement" from whatever source you choose, the cost would be prohibitive and the "judge" is unlikely to "order" the "tearing down" of a "structure". Pls forgive the constant, " " but it helped me illustrate my point.
Hope this Helps. John

RE: Alterations

Alan Barr replied on Mon, 12 Mar 2012 at 12:38

The glass panel can be re-instated at the trustees expense if it is found that they have made a mistake in granting permission. The trustees should have trustees indemnity insurance to claim for the re-instatement of the glass panel.

RE: RE: Alterations

John Yates replied on Mon, 12 Mar 2012 at 13:20

Does the owner who claims that the chairman told her he does not think that it will be a problem, have this statement in writing? It will difficult to prove that she had trustee approval to replace the glass with brickwork. Regarding the possible effect if all owners followed suit, this would have to be established by an expert structural engineer.

RE: RE: RE: Alterations

John Yates replied on Mon, 12 Mar 2012 at 13:46

See PMR 68(1)(iii)that stipulates that an owner may not make alterations that are likely to impair the stability of the buildings.

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