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[Waldorf]

I'm needing some input from those with experience.  Our OC has an owner who wnats to relocate the kitchen from its original position to what was the main bedroom.  The owner originally applied for and received permission to remove a wall between the main bedroom and living area to open it up (there is no special resolution or by-law for this). The EC received engineers certificate and DA from local council.

During wall removal, owner decided to relocate kitchen without approaching the OC – said they had legal advice it was OK.  Strata Manager confirmed this – owner can do whatever they like within their unit.

EC held emergency meeting and would not approve kitchen relocation as no plans or details of relocation of services were presented.  Work 'supposedly' stopped.  Now the owner has installed false ceiling over vermiculte and false wall on common wall and services have been relocated ready for kitchen build.  I understand that ceilings, common walls and floors are common property.  All floors have been tiled, however kitchen not built yet.  Insulation material apparently has been used in floor, wall and ceiling.

This kitchen is to be relocated on a common wall which adjoins the main bedroom of the unit next door.  The bedhead abutts the wall where the kitchen is to be installed.  There are also main bedrooms above and below this proposed new kitchen.

This work has been done without OC approval and without DA from local council.  The other 14 owners do not want this kitchen relocated to the main bedroom area due to obvious disturbance to adjoining units. 

Can someone please advise whether the owner has the right to do this work and if not, what action can the OC take to stop relocation of this kitchen.  Really need help because SM is no help.

[NB:  The property concerned is in NSW even though Waldorf is in Qld – JT]

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