[byron twain]

Thanks for this,

There is one other confusing point to all of this which follows:

We had a redistribution of CP about 2 years back, (giving CP in equal amounts to either Owner), which resulted in a new Strata Plan number being created, would the property now be Registered under the original SP number or the new SP number?

In communications with Dept of Lands we have had one staff member say one thing and another staff member tell us the other —

Thanks again

Byron

[byron twain]

Thanx Scotlandx,

Upon further enquiry I discover that the space I was talking about was actually NOT roof space CP above the original building footprint but enclosed air space which was created as a result of the renovation extension. 

Apparently we agreed to the upstairs owner creating a room in what had been roof space CP above and at the very back edge of the original building footprint and this agreement seems to have evolved to include the creation of the high ceilinged new room above our new ground floor rooms.   

Hence the upstairs dwelling has a 2 storey high single level living space which it would not have been possible to create without the unagreed exploitation of what in normal circumstances would have been CP roof space. 

I know it sounds as if we are rather clutching at straws here, or should that be clutching at Architects Drawings, but can their be such a thing as theoretical CP in this sense. 

Thanks again. 

[byron twain]

I have been looking into this situation some more and have discovered that when the whole duplex property was renovated by us and the upstairs owner about 12 years ago, quite a number of square metres in the common property roof-space above her dwelling were utilised to allow her to have extremely high ceilings, open plan vertical space if you will.

We did not explicitly agree to this and it appears to have “slipped through to the keeper” as it were amongst the rash of plans, drawings and the like associated with the renovation and my wife only became totally aware of it after it had been built at which time of course we believed we could do nothing about it.

Is there some sort of “Statute of Limitations” applying to a situation such as this or would we be entitled to use this inadvertently/unknowingly released CP space as leverage in any discussions to do with our wish to create the situation I initially enquired about.

Can any action be taken, (if the outcome requires it), to allow the upstairs owner to make good this error.

Thanks

[byron twain]

Thanks Jimmy, that’s a much better title and as it was my first post I’m certain to improve rapidly.

Agree with the summation, it being pretty much what we were thinking, the only problem we have is the Upstairs Owner who is a little bit less practical and realistic then we are about the advantages both in lifestyle and in commercial terms which would devolve to her resultant from the right to build more usable interior space as well as a commanding roof garden to add to her existing balconies. We might try and get her to look at getting an approved DA for the possibility which we could help her with on the payment side etc.

Any other thoughts welcomed.

[byron twain]

Hello again, I am very interested in any views on this query and would love to read the thoughts of Flat Chatters , come on, someone must have had a similar situation to this either as the requester or the requested of—

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