Question:
I own a townhouse in a sectional complex and put in a new open plan kitchen in the lounge area. This has resulted in a smallish room becoming available for use as a study or small bedroom (the former kitchen).

Now the trustees have demanded that I change it back to the original configuration.

Isn't this a purely internal reconfiguration that I am entitled to make? Can the body corporate make such a demand? No structural changes were done. The new kitchen has very superior finishes and adds to the overall decor of the lounge.

The rules of the sectional scheme do not prohibit internal reconfigurations. The rules have very clearly set limits on the number of residents allowed for each unit. Their explanation is that there will be a problem with overcrowding if all owners convert their units accordingly.

My argument is that overcrowding occurs when people cram more people into their sections and has nothing to do with the internal layout in any case.

Please advise me. Am I obliged to reverse the changes?

Answer:
I think that there are two separate issues here. The first is the legality of the internal changes you have made. As the owner of a unit in the scheme you own your section exclusively and are entitled to do internal alterations to it. However, as a co-owner of the common property and a member of the body corporate you also have a responsibility to ensure that any internal alterations done to your section do not compromise the harmonious appearance of the building, your duty of subjacent and lateral support to the sections below and next to yours and that these alterations do not result in the body corporate?s insurance policy being compromised.

It is up to you to ensure that if approved building plans are required for any internal alterations, these are issued before any work starts.

From your question it sounds as if you have complied with your responsibilities towards your co-owners, the local authority and the body corporate in respect of your alterations.

The second issue is that of nuisance. As a sectional owner you are not entitled to use your section in such a way that it unreasonably interferes with the rights of other owners to use their properties. So you must consider if all the owners in the block did what you have done, i.e. each created a small additional bedroom and these were all occupied by extra people, would the additional numbers cause a problem? Would there still be sufficient parking? Would any scheme facilities be overloaded?

If this type of alteration could be generally applied without causing any problem, then it is not a nuisance, but if it cannot, then the trustees would be correct in taking action against you.

If we assume that your alteration is in order with the local authority, it does not contravene any title condition or scheme rule and it is not a nuisance, you cannot be obliged to reverse the internal changes you have made to your section.

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