Re: Can the EC force owners to remove staircases which they claim are illegal

Hi Whale

Extract from council letter received yesterday; Council, by the way, were flabbergasted that the EC were giving us 90 days to remove the stairs.

“Upon observing the strata plan, it appears the total floor area afforded to Lot…

is 236 sqm, being both areas labelled ‘Part 1’ on that plan sized at 200 sqm and 36 sqm. 

Consequently, it is considered the upstairs floor area of Unit 1 is not ‘Common Property’ for the purposes of strata management and is afforded to Lot SP….”

The plan shows the main areas downstairs as Part 1 – then another area which indicates the upstairs area as Part 1. This applies to all the 6 villa, Part 2 and so on.

Council go on to suggest legal advice and that council is not responsible for interpreting such documents, nor should council be held liable….etc.

All villa owners with stairs have improperly used upstairs as habitable area’s. In my case this is infrequently. 

I contacted the EC yesterday and offered an olive branch. I have given them a copy of the council letter. They have agreed to attend council and view my file.

I pointed out the SBL was at the behest of the SM who claimed my stairs were illegal and the upstairs was Common Property. I had always asked the SM to prove his statements. (Whether my stairs are illegal is now a moot point).

That I had claimed all along that my stairs were installed by the developer.  I had paid a Building Surveyor to report on info that he had viewed in my file at council. This report was ignored, tossed aside by the SM who said “Oh, he means ladders”.

Council said last week that they had requested the developer to remove the stairs or reapply for approval, the developer did not respond, council did not ‘follow up’ . She said there were many other issues to be resolved at the time (this was 1998) and all the necessary certificates were issued. She said that directive to the developer to remove the stairs still stood.

She said I could engage a builder to check that my stairs would pass council inspection, and if so, I could then apply for continual use of the stairs. There are two ways, frequently or infrequently used. If I were to proceed, I would apply for infrequently.

I said we would not sign the by-law until such time as the SM and OC claims are verified or dismissed as to Common Area or not.

I also said the repairs to my upstairs are completed, paid for by myself. That this whole situation is going nowhere. So why not let sleeping dogs lie.

I can certainly contact LPI, but I feel the EC will probable have done this today.  I will check.

You are right about different horse, same jockeys. Thanks again for your assistance.

Janet