unapproved changes sold to new owner.

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  • 31/12/2014 at 1:06 am #9834 Reply | Quote
    matt73

      Hi,

      I stumbled across the following two links. They are of particular interest to me as I am in this exact situation. (in NSW). Does anyone have any further cases or legal references to support this situation?

      http://www.flatchat.com.au/ignorance-not-bliss-in-unapproved-inprovements/

      http://www.flatchat.com.au/forum/common-property/when-does-unapproved-changes-become-strata-responsibility/

      A previous owner allegedly installed pavers in common property in front of my lot. Several years later the previous owner sold to me. Now 5 years on (circa 10 years since the pavers were installed) they need some maintenance.

      At the time of their installation, OC knew of the change and made no effort to approve or reject the change. According to the LPI there is no documentation on any changes made nor any documentation on what was allegedly there before or on the pavers there now.

      Now that maintenance is required OC suddenly claim they were unapproved.

      OC want to either:
      -force the new owner (me) to pay for repair, or
      -remove the pavers (to what they were allegedly before)

      My concern is that removal will significantly reduce the value of my lot only, not affecting value of other lots.

      Qu 1. Can Owners corp (without special resolution) force removal of the pavers (to what they were allegedly before) or do they need to maintain them like for like?

      Qu 2. Can Owners Corp (through special resolution) approve a change to effectively force the removal of the pavers, noting that is reduces the value of one lot only.

      Qu 3. Is there anything preventing the Executive committee from simply repairing the pavers?

      (of note is that cost of removal is about 3 times cost of repair in this case)

      Thanks in anticipation,
      Regards,
      Matthew.

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    Reply To: Reply #22824 in unapproved changes sold to new owner.
    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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