In a multi-use property, Victoria, the OC manager agreed that the developer could sequester common property on behalf of the retail sector. This is a breach of the Planning Permit.
This retail area was onsold with a promise that the embedded common property would always be exclusive to the retail sector. Council was called to investigate and advised the OC manager was in breach of the Planning Permit and must allow residents access to the onsite loading zone and goods lift as per special conditions of the planning permit.
How can property be sold if there is common property be embedded in it? In the relevant plan of subdivision the words referring to common property were deleted. According to minutes I saw the architect did this as favour to the developer after the Certificate of Occupancy was issued. Why are Council not enforcing the Orders they issued two years ago? Can the owners sue for corruption?