Thanks scotlandx
I had a meeting today with another SM who is also a solicitor. He advised us to email our SM and advise we would not comply with Motion 3. “That we had to remove staircases within 90 days”.
He was very happy we had not signed the by-law. We can thank flat-chat guru’s for not caving in to the bullying and threats.
I attend these meetings, just myself and four EC and SM. All male.
Council had stated that if they received a complaint about the stairs they would have to come on site it would open a “can of worms”,
As mentioned on the previous missive, I commissioned a Certified Building Surveyor who checked my file for two hours at council. He pulled out everything he wanted copied and it was the next morning that council refused copies and said it was all in their legal dept.
Here is what the Building Surveyor reported:
“I can confirm that documents authorised by a council officer stated words to the effect….inspection of units 1 – 6 revealed that stairs had been constructed to each of the units. The stairs are not included on the approved plans and that the builder is instructed to remove the stairs or apply to council to modify the plans. A later note on the councils file stated words to the effect. The building works have been completed satisfactorily. I also viewed a later document being a Certificate of Classification and Occupation Certificate issued by ….council.”
I applied to council for the ‘Consent and Occupationcertificate” but instead was phoned by a staff member who arranged the meeting below.
A meeting was held with my engineer, and a council building surveyor. She said the developer had been notified about the stairs, back in 1997, I think she said. The developer did not respond. Council did not notice his lack of response. She said that stairs were never meant to be installed, but pull down ladders.
She gave all copies of necessary paperwork and plans to my engineer so that he could do the design for the repair of my upper floor.
The SM, at the meetings, claims that all the stairs mentioned mean ladders.
There is a council certificate declaring all upstairs areas not to be lived in.
But we were sold the villa without this certificate. In my case a map/measurement showing the layout of my villa with the present stairs drawn in. Printed on this map. Rumpus/storage area upstairs.
Out of spite, the SM and/or the EC could lodge a complaint with council. If they do this then the Treasurer would face the same problems as other owners with stairs.
So it comes down to the wording. Do staircases mean ladders? If you look at what my building surveyor said “Inspection of units 1 – 6 revealed stairs had been constructed to each villa”
There are six villa. 3 have stairs, 3 have ladders. All this may be down to the wording.
On my plan it shows a ladder to be installed near the kitchen. This was not done. A large hole was cut out in the opposite end of the room, in the upper floor nearest the hallway into the wet area. We puzzled over this ‘opening’ – the size and the angle. It would have been impossible to fit a ladder in that spot, if that was the intention.
The EC & SM just want us sign this by-law and all this will go away.
They have my engineer’s certificate that the work to my upper floor is completed and satisfactory. I paid for work, that should be the end of it.
But no, they want to cut of their nose to spite ‘me’ and in doing so place the strata in financial ruin.
Hopefully our appeal to NCAT could meet with success.
Janet