[BondiG]

Thank you @proudsceptic.

You have been extremely helpful!

[BondiG]

Thank you.. One of the lawyers that I used for a quote were on your list 🙂

I have a link to the strata plan.  It’s pretty obvious that Lot 1 and Lot 2 have their own balcony areas.  In fact, I have recently renovated Lot 1 courtyard to install decking that was approved by Strata.  Which obviously would not happen if it was common property or belonging to Lot 2.

 

https://drive.google.com/open?id=0B4-WrJdJIGZ5LTVRbVNoT1dvbUU

[BondiG]

I only had a regular conveyancer look at the strata plans when I purchased but I do have a copy of the original plans from the council.  The two lots were actually one apartment in the original drawings, and I believe the conversion was done before the strata plans were drawn up.  

I don’t believe the closing of the balcony was ever approved by council and I guess no-one followed it up retrospectively before.  I was wondering if I had any recourse for past actions and yes, I guess the more information I have, the stronger my case will be.

I’ve just had a quote from strata lawyers for $1100 to provide advice which is probably the right price but feels very expensive to me.  I will try and talk to the inherited owners first.  

[BondiG]

I’ve had neighbours in there that were small time drug dealers who got arrested and sent to prison.  This meant random undesirables calling at random hours and also knocking on my door.  

Now I have a child it’s more than just peaceful enjoyment but extra safety.

 

Thanks for your response.

[BondiG]

Obviously my right to peaceful enjoyment doesn’t supersede their right to enter which is why I can’t order them not to trespass.  The owner would not see sense and share the cost of relocating the door over the last 10 years so I don’t see that changing, unless the new inherited owners see it differently.

 

I could start the NCAT or Fair Trading process but wonder about it’s effect on my own property and future sale of mine :-/

 

It’s a tricky situation.

[Author]

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