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How much do you have to tell prospective purchasers about problems in your strata scheme when you are trying to sell? For instance, do you have to war
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Very sad reading.
Living under a psychopath
Apparently 5% of the population are psychos,so in a in a block of 20 units, there’s 1.
I lived under the penthouse unit, owners installed a fish pond,the pond pump reverberated through the walls. strata manager said it’s a personal matter,my problem,this case proves that’s correct.
Sold and moved, never been happier.
It never ceases to amaze me that people have issues in strata and fail to exercise their rights.
I know its unpalateable to report an neighbours behaviour, or even to contemplate taking then to court. Both can be stressful and in the event of legal action can be drawn out and expensive.
But how much is peace of mind worth.
My story is of a resident in our small block who terrorised evreybody. he believed the strata was his kingdom.
In the last 3 years he has been counselled by the chairman and the strata manager, with no success.
A resident obtained an AVO (which was fully granted)
He had two notices to comply for behaviour issued in the last 3 years, and police were called on him several times.
Another resident asked for an AVO just a month ago.
He eventually was not on speaking terms with any other resident. It took 5 years but we finally wore him down and he sold and moved . Yeah.
He still thinks he is right
It took a lot of emotional effort, and expenditure on the part of the residents who took out AVOs. But that’s what it may take sometimes.
What a mess. But I can empathize with the vendors just wanting out of a bad situation. But in defense of their lack of mention, who knows: the new guys might love the bloke, or he might be planning on moving (back to jail!) soon anyways. So, how much do you reveal? I ‘d think as little as required is what most folks do.
Another important oversight I’ve seen recently is the Strata Manager not making current financials available to prospective buyers in the agent sales guff. A recent owner in my block believed he had $6000 per lot (x 50 lots, so 300k) sitting in the corporate coffers – we didn’t: that was expended on capital works 6 months prior and we actually had just $300ish per lot.
I’m unsure if he pursued that, or will, but that’s like someone stealing the cash off you, or your lot costing thousands more when you need tip in for funds you thought were already there.
The case in WA is a bit concerning as we also have a “Mr Pratt” in residence in our strata. There have been a number of disputes with this owner over several decades where they have harassed residents, posted incoherent/rambling defamatory notes via email to owners or left notes on doors and the strata notice board. This individual is also been suspected to smear peoples washing with excrement and throw such material on residents balconies. Much of this is behavior is documented in strata records and therefore is (regrettably) searchable by a prospective buyer. Before I purchased some years ago my lawyer did a search of the strata records and noted some disputes regarding this individual. The extent of the behavior did not become apparent to me until some time after I moved in. My question is, would that fact that there are such records with our strata satisfy the requirement to disclose. Do the particulars of the WA case apply in N.S.W in such that is there such a clause as sighted by the judge that is included in most NSW sales agreements?
Clause 10.2 of the General Conditions relevantly provides:
Representation and Warranty
Except to the extent disclosed in writing by the Seller to the Buyer before the Contract Date, or as otherwise specified in the Contract, the Seller represents and warrants to the Buyer at the Contract Date and at the date of Settlement as follows.
…
(c) Except for anything:
(1) apparent on an inspection of the Strata Lot and the parcel of which it forms part; or
(2) registered or recorded on the Strata Plan; or
(3) specified in the Strata Company by-laws,
the Seller does not know of anything which will materially affect the Buyer’s use or enjoyment of the Strata Lot or of the common property comprised in the Strata Scheme. (emphasis added)