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Topic
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Hello Jimmy T
Wondering if you can help out with some advice.
Two years ago next week, our building unit owners voted to add a by-law so that a neighbour on the top floor could go into the roof as part of an apartment extensions.
However the owner has still not gone ahead with the renovations, no DA has been lodged and no money that was agreed this unit owner should pay to the Body Corporate has been received.
I was told that this by-law would no longer be valid as two years had passed?
Is this correct?
Also the owner has now provided us with very different plans for their apartment extensions than what we agreed upon, including extra verandahs, outdoor space. Eg, in the by-law change it was for plans that included one verandah, it now includes three verandahs.
With such changes to the original plan, is the by-law change to allow exclusive use still valid??
Thanks
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I don’t think the time element comes into it unless the by-law hasn’t been registered within two years.
However, you have given permission for an extension based on specific details, such as the design of the extension and the payment based on the increased value of her apartment.
In the meantime, the values used to calculate the payment that should have been made have also changed.
I would be making it clear to the owner that she has, say, six months to apply for a DA for the plans exactly as agreed or you will be approaching NCAT to have the by-law revoked and she can start again.
I would also make it clear to her that if she applies for a DA on the basis of any design other than what was agreed, the Owners Corp will strongly oppose it at council (and probably win).
If she wants to radically change the design, she needs to start again with a new by-law (and an increased payment). And next time, put a sunset clause on the by-law so that it falls over if work isn’t started within a certain period.
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