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Thanks Jimmy. Confirms what I thought. Good advice as always.
Thanks Chris for your response.
Plans have already been submitted and approved by council.
So now it is at the stage for paying for it.
I will take your advice and refer the matter to someone appropriately qualified.
Jimmy T wrote: costs for renovation – it will be based on your Unit Entitlements, won't it?
Thanks for your reply Jimmy T – re. so OC can't make us pay costs “evenly” – it has to be based on unit entitlements?
14/07/2011 at 2:24 pm in reply to: Is Area below the floor on ground floor unit common property? #13256Thanks to all respondents – I thought area below floor was common property. Reason I asked is that a close relative wants to put gas heating in a couple of rooms in ground floor flat – so they of course will have to go to OC and ask permission. I would say that this should not constitute “exclusive use” .
Thanks Struggler – the plans have been done and approved by a very good architect – some French doors are already installed. The architect wil be overseeing the project to ensure that the things doesn't look like a hodge-podge.
So really my main concern is that I only want to pay for what I am getting done and then want what is done to be included as part of my lot as opposed to just splitting the costs evenly and getting the renovation classed as common property.
Thanks again Jimmy T – your advice is much appreciated.
Jimmy T 's scenario is based on the logical assumption that the unit holder would want to keep the space as common property. I always like to have a Plan B – as the cliche goes – and this person that has installed the air-con isn't your average logical punter – so,what is the situation if he wants to add the space to his title?
Thank you Jimmy T – very sound advice.
Thank you Mr. Strata. It's one thing giving approval to have the installation post-approved – but that approval does not mean that the “grab” leave the remaining unit owners without compensation.
Have you (or anyone else out there) had experience in such matters as seeking compensation from a unit holder that made a “grab” of common property? I take it that a valuer needs to be engaged to work out what “it” is worth? If the other owners end up being compensated, where does that money go i.e. is it divided up between the owners, or is it placed into the sinking levies etc.?
If the unit owner pays for the privilege of taking that space, does that part of the property form part of their title or is it still common property? What about maintenance costs – do they assume maintenance costs which would necessitate a by-law?
Any clues by anyone out there would be appreciated.
Thank you Easty – you confirmed what I thought. I am going to bring it up at the upcoming AGM.
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