Ghosts of Past have come back to haunt us.

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  • 31/03/2012 at 11:57 am #8031 Reply | Quote
    drjet
    Flatchatter

      Our building was built in 1974/1975. Final plans were approved by the council in July 1975.   An application to for strata was submitted in March 1976 and was approved in September 1976. 

      The complex was constructed in three distinct blocks (A, B & C) on a steeply sloped site.  Block C is at the rear of the complex and includes 5 townhouses.  The original design for these townhouses included a covered patio covering approximately half the area of the ground floor.  This was apparently done to satisfy the Floor Space Ratio in place at the time.  The townhouses were originally place on sale in this state.  However it appears that none of them were originally sold.

      At the time the survey was completed in March 1976 these patios were shown as enclosed space – it appears that the developer chose to enclose this space to enhance the value of each of these townhouses.  However there is no record of this change registered with the local council.  In addition the council can find no record of the 317 certificate. 

      We now have a situation where the architect of the complex recently purchased a unit in Block B of the complex and has been elected to the Executive Committee.  The architect believes that the changes made and the developer after the final plans are technically classified as “unauthorised construction” or “unauthorised development” and any issues that arise in areas originally designed as patio are the owners responsibility even though the changes were made 36 years ago and all of the townhouses have been on-sold in the current configuration a number of times.  The opinion of the architect is supported by the EC Secretary and EC Treasurer.  The Executive Committee has 5 members so this represents a majority opinion. 

      This situation has come into discussion because the owner of one of the townhouses has complained of a rising damp problem and the EC is refusing to take responsibility for this problem.

      Whose responsibility is this problem and how can we clearly substantiate this?

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    Reply To: Reply #15177 in Ghosts of Past have come back to haunt us.
    PLEASE ... If your property is not in NSW, mention its location (state). Don't identify companies or individuals by name. Don't mention or promote your company or services. Keep acronyms and initials to a minimum. Please, don’t use “quote” unless there is a specific point to which you wish to refer, then highlight (define) that specific passage before you click on "quote". Otherwise just use reply. THANKS.

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