The plot thickens!!
Council have said the upstairs floor to my villa is NOT COMMON PROPERTY.
Council will confirm this in writing on Monday.
So all of this saga was because the SM and the EC. One or both failed:
1 To check the Strata Plan on which the only CP (common property) sighted is the stairwell to the 4 unit block which is part of our 10 lots.
2 Or they knew my upstairs floor was not common property but went ahead with the SBL and then the 90 day notice to remove the stairs out of vindictiveness. A year of hell.
The solicitor, hired by the EC, drew up a response for the OC to our application for orders. He drew up the SBL that all owners are required to maintain/repair their upper floor/staircase.
In most paragraphs for the SBL, common property is mentioned. Did the SM not give the strata plan to this solicitor? Did the solicitor not ask for a strata plan?
Council have verbally admitted that the developer installed the stairs, that they knew about it, but that there were so many other issues at the time, they did not order the stairs removed. I will not be passing on this info.
I was shown the paperwork that proved ‘drop down ladders’ were to be installed in the villa. Not stairs, not ladders.
Council will not put this in writing. They have advised me to let ‘sleeping dogs lie’ as they feel my stairs would not meet Australian Standards. (the measurements of the risers and treads). They do not want to order me/us to remove the stairs.
At the EGM 17th June, the SM still claimed he would swear in a court of law that the stairs were illegal. That he was involved as a then RE agent and sold the land to the developers. That he was involved in some of the sales of the villa.
We are angry, amazed, gob-smacked that this SM is such a liar. He knew all along the stairs were installed by the developer and we are fairly certain that the EC were aware of all this as one committee member has been in the complex since it’s commencement.
Are the stairs illegal? That is now a moot point.
I hope we are successful with our application for a Compulsory Manager and a Special Levy to top up the admin fund.
I will be moving on after we have a ruling. Never strata, never again.
Janet