Topic: Our communal roof was sold to one owner, is this legal? – FLAT CHAT

This topic has 2 replies, 2 voices, and was last updated 12 years, 6 months ago by .

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01/03/2014 at 5:05 pm #9380 Reply | Quote
valkyrie
Hi all,

I own an Art Deco apartment in Sydney, there are 36 apartments in the building.

In the past (as I understand it) my building was owned by one person who for reasons unknown put the title of the roof on to the title of his lot number. He allowed the residents to use the communal space as it was intended. A few years ago he died and the roof ( along with the apartment) was sold to another owner. This has been a disaster. The new owners ( developers) wanted to build on the roof however this has been defeated twice at Land and Environment court. Needless to say there is a lot of ill will between this owner and the other owners.

A by-law has since been passed to allow them a hatch so they can access the roof directly from the apartment. The strata still has a small space on the roof (boiler room and non- operational laundry) and from this small access area we can see the harbour views. The owner of the roof wants this to be bricked up ( currently there is a 7 ft wire fence) so no one but them can see the view.

My question is, can one owner own the roof? If strata own all external walls, corridors, windows etc… how can we not own the roof?
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Reply To: Reply #21071 in Our communal roof was sold to one owner, is this legal?

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