One of the owners has constructed an unauthorised pergola in his back courtyard which is attached to common property… Any advice you can provide would be most appreciated. – Nadia, NSW

Q: Hello. I live in a strata block of 4 townhouses. 2 are live-in owners and 2 are leased where owners don't involve themselves in the day-to-day workings or even attend meetings or AGMs. One of the live-in owners has constructed an unauthorised pergola in his back courtyard which is attached to common property. I say unauthorised as he did not seek OC approval or advise Strata Managers, nor did he submit building approvals to Council either pre or post-construction. The size of the pergola impedes winter sun into my back courtyard. My Strata Managers have been dragging their feet on this and nothing has been done. They claim they need at least 2 votes from OC to proceed further. Even the fact that this unauthorised pergola is attached to common property no addition to By-Laws has been sought. Any advice you can provide would be most appreciated.

A: In the case of unapproved strata renovations and changes to common property, and given the lack of action from your strata manager, you may wish to either make a complaint with your local council or apply to NCAT for mediation and action.

Alternatively, you may choose to retrospectively approve the changes. To do this, it’s recommended that you write to the owner that made the changes. Make it known that they have made unapproved changes and urge them to submit the proper applications and have the correct by-laws registered to cover the works.