[jezzie]

Thanks Whale, I appreciate your quick response. The Applications for Mediation & Adjudication have not yet been written. I fear it may be too late for that.

We requested our SM get their lawyer to write to the Selling Agent (after I received that advice from the SM of my other property) but as NCAT matters are not yet in train the letter may not have had enough bite.  

We do already have some SBLs in our strata (such as for my renovations) and the SBL the renovators have drafted appears to be appropriate/similar in its wording.

I don’t think there is any intention to hold a GM between now and Auction Day (16/4), the owners propose it to be put to vote at the next meeting (Sept) but they won’t be around!

My concerns are thus:

1) If we let it go through with “only” a SBL, what precedent for changing the appearance of the lot are we setting? We are basically saying that anyone can change whatever they like, as long as they do a SBL.

2) I can’t find any mention of recourse/penalty if someone proceeds to do something that was denied at an AGM. I find it staggering that eg. I request permission to turn my balcony into a deck >motion denied >I do it anyway > just write a SBL >all good.

 

Thanks again for any input. (Receiving third-hand info from our SM’s lawyer is making things a little unclear.)

Cheers

[jezzie]

Sorry to hijack but I have a similar problem – but more advanced. This owner made numerous unapproved alterations to common property, such as replacing all their windows and doors (in a different style and with double glazing), and installing a “security partition” on the wall between their balcony and the next.

They also installed aircon even though the motion was denied at the AGM.

They were issued with Notices to Comply (in December I believe) which were ignored. The EC recently decided to proceed to mediation/adjudication but the owners have now put their property on the market for auction very soon.

Is it true that once it’s sold it it’s too late to seek rectification of the damage/restoration? Does this responsibility not fall on the new owner?

They have (just now) drafted a by-law taking responsibility for ongoing upkeep. If it’s true that the matter simply ends when the current owner sells, in the absence of any time to commence legal action should we just accept that by-law and accept the different appearance? 

 

[Author]

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