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I’m in a 2 unit strata so we have no SM or SC.
I need to do some renovations and at the same time get some improvements done. To proceed further, the council have advised that I need permission from the other owner.
She is an elderly foreigner (not illiterate but not good English) and says she can’t do it and will get her daughter to write a letter – but I’ve been waiting over 6 months.
Every time I see her (weekly) I ask and she says her daughter is too busy. I have offered to write the letter myself for her to sign but she says her daughter needs to read it – and she is too busy.
She says she is not against the work being done but she won’t co-operate. I have thought about a letter of demand but not sure if this is appropriate or if there is something better. Any advice appreciated.
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Sounds like she may be stalling for some undisclosed reason. Perhaps she is not sure she understands what you asking of her and does not want to say yes or no. I suggest you ask for contact details for the daughter so that you can explain to her in writing. She might see that as a circuit breaker for whatever is causing her to be stuck, unable to agree or disagree.
Rather than a letter of demand, how about sending a registered letter that says something like:
It has been several months since I informed you about our renovation plans and you have told me every time we have discussed it that you have no objections but that you would get your daughter to write the required supporting letter to council. Thus far, after xx months, and several discussions, no such letter has been forthcoming as your daughter is “too busy”.
To be clear, I attach a summary of the works proposed. I propose that if you choose not to provide a specific objection to me and council within the next 14 days, I will assume that you have, as you said, no objection to the work.
However, if you do have specific objections, I will examine them and see if I can do anything to ameliorate the issues, and adjust my plans accordingly.
I am anxious to progess this matter as amiably as possible but I’m afraid I can’t wait for your daughter’s availability to be the deciding factor in whether or not these renovations proceed.
Please let me know as soon as possible what your objections are, if you have any, and I will take them into account when progressing this with council. Again, if I haven’t heard from you in writing within 14 days, I will ask council to accept that as tacit acceptance of the plans as provided.
Regards etc etc
If that doesn’t work – if the council won’t accept a non-reply to a registered letter or if the daughter takes the hump and decides to object to everything – apply for mediation at Fair Trading prior to seeking NCAT orders (Section 126) and see if that gets things moving.
By the way, a registered letter only costs a few dollars and you can even pay a couple of bucks more to get a postcard sent to you with a copy of the recipient’s signature.
And if the daughter does take offence, explain that you have other options and you are just trying to move things along by avoiding the stress of Fair Trading and mediation on her mother.
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