- This topic has 6 replies, 5 voices, and was last updated 11 years, 4 months ago by .
-
Topic
-
Hi,
Having purchased my unit less than a year ago I have been cornered on a number of occasions by committee members (CM) who claimed that the deck on common property (which I have exclusive rights to written into the by-laws) was illegally constructed. My conveyancer had provided council approval but the CM advised no strata approval was granted. Having formed a friendship with one neighbour they provided strata approval to which the CM said both council and strata approvals came after construction making it illegal. My main concern is can this be removed and if so what is put in its place (prior pictures appear unsafe) and at who’s cost.
Throughout living here several emails have been sent and it is clear at least four of the twelve owners have no plans of stopping bringing this up even though an NCAT submission was dismissed recently leaving me to think I could continue living here happily. I am now in a position where I feel selling is the only way for personal happiness but have fears any buyer would be put off with the strata minutes forcing an undervalued sale and if I am honest would hate any new owner put in this position.
-
Replies
-
Four of 12 might make a lot of noise but what can they do? Enjoy your unit and the company of the other 7.
If I have understood correctly, I think you are saying there was a retrospective approval of the deck. It is not unusual for something that was not done according to correct procedures to be fixed by retrospectively doing things the way they should have been done. That is quite OK. Perhaps these 4 are still fighting an old battle that they lost? That also is not unusual. If the matter was raised with the tribunal and dismissed then that really should be the end of it.
PeterC is right. The balcony has been approved and there is a by-law that reflects that. These people need to back off and stop hassling you. You have no concerns other than their false claims. In that respect if it continues you may have to tell them that you reserve your rights in relation to actions that may devalue your property.
I would seriously consider paying a small amount of money to a strata lawyer to send the committee and all owners a letter telling them that they have no grounds for this continued harrassment of you and, while you have no wish to buy into a long-running feud that is not of your making, they need to back off and leave you alone or face the potential legal consequences.
But maybe that’s just me …
If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.
Hmmm I would like to know whether the deck was part of your original decision to buy this property to begin with and if so for what purpose? Recreation or storage? If it wasn’t a big deal, why not let the committee deal with the hassle and the costs of getting rid of it and be done with the whole issue?