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Topic
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Hi,
There is an error on our Strata plan, made 35 years ago when first filed. It transposes the garage and laundries attached to two units. This went unnoticed until one of the two original owners died, and the unit was sold.
The pipes and electrics are hooked up correctly, but the plan is clearly wrong.
We found the original surveyor, and he sent a letter to NSW Lands, stating he had made a mistake, and correcting the plan as required.
NSW lands has asked us to complete additional administrative tasks (reminds us of Dorothy and Oz).
There are some pretty steep costs associated with Council and State filings to amend the plan officially.
We’re wondering if these costs should be paid by the OC, not the owners who happen to have been victims of the mistake.
Any thoughts?
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Replies
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It’s the OC’s responsibility. The registration of the plan was the responsibility of the OC at the outset, the individual owners had nothing to do with it, therefore the OC has to correct the error.
At the extreme the owners could seek an order for rectification of the plan, as they can’t fix it themselves, only the OC can do that, at its expense.