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Our building is 7 levels and 26 residential units of double brick construction built circa 1970
A fellow lot owner and I recently discovered that 2 x Strata Committee lot owners (chairman and secretary) had – without seeking permission – removed 150 + bricks from walls in their unit/s which allowed them to install shelving into the cavity. The walls are common property and adjoin to the neighboring lots in each case. Privacy issues relating to voice / sound transmission was the trigger that led us to investigate. There are also ventilation difficulties for the neighboring apartment/s.
My reading of the Strata Management Act says this was illegal and that if proven the walls must be reconstructed to “as built” condition. We have photo evidence of the infringement in one of the lots and sufficient evidence to show both units were modified by the 2 owners similarly probably within the last 4-5 years.
The said owners say it is none of our business and they have misled our Strata Managers as to what they have done. To complicate this a little more one of the apartments has new owners who are (as far as we know) unaware of the destroyed fire wall. In each apartment it involves a section of wall from slab to slab (2.7m) and approx 1.2m long.
Can the forum offer advice?
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Obviously, there has been a breach and, even more obviously, this has been complicated by the fact that the people normally tasked with dealing with this kind of thing are the culprits.
Now, this is in no way to be taken as legal advice, but this is what I would do in your shoes.
First, I would apply for mediation at Fair Trading, making it clear that my intention was to have the common property restored under section 132 of the Act (rectification where work done by the owner) and section 151 (owners not to interfere with support, shelter or supply). I would also pursue them under section 232 (resolution of a dispute) and section 238 (removal of committee members).
At this point, you might think that speaking to a strata lawyer might be a good idea – and that is also exactly what I would do.
At mediation, I would explain to these morons that you intend to go all the way, force them to restore the wall, remove them from the committee and have costs awarded against them.
Then the choice is theirs – fight and lose or don’t fight and lose. Either way, they are going to lose, but one is less expensive than the other.
Personally, I would not accept anything less than that triple-whammy. If you don’t wish to talk to a lawyer, at least speak to our sponsors StrataAnswers.
This seems like an open and shut case … which is why the miscreants will probably fight it every inch of the way.
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Unbelievable!
Call the Fire Department!
Waylor
I think you would find the council very interested in removal of a regulated firewall. They may even require owners to move out until it is replaced. I don’t know.
Also, it is a requirement (Section 123) that access for fire safety inspections must be unimpeded.
Then you get to insurance. The removal of the firewall probably voids insurance in the event of a fire.
Go with all guns blazing, they are severely breaching Section 37 of the Act