Hi,
I’m with Jimmy.
Your post is extremely confusing and unclear. As Jimmy recommends: use bullet point, focus on the key issue and re-post the problem. I don’t know where to begin with my queries, so here goes:
1. The by law you refer to, who prepared it?
(a) The strata committee?
(b) The OC’s lawyer?
(c) The studio owner’s lawyer?
2. Was it registered?
3. As the studio gave the relevant lot more usable space and possibly increased the risk profile for the strata scheme, was a redistribution of unit entitlement (“U/E”) attempted or even considered by the OC? If not, do you know why?
If a redistribution was undertaken and a reasonable determination was arrived at then liability for insurance premiums would be a function of U/E. This is separate from any other term or condition of the by law.
Note:
A. Note, in recent weeks I have been reading up on by laws and understand they CAN be amended retrospectively by the OC. I have not checked if such amendments have a time bar on them; and
B. You misunderstand who or what is liable as user of the studio: as I see it, in most by-laws it is not the owner of the lot at one point in time eg when the by-law was voted on or register which is the person responsible, rather it is the lot’s owner, which over time will change as people move in and out.
- This reply was modified 7 months, 2 weeks ago by .