I am so tired of the whole saga that I was prepared to pay for the repairs to the upper floor of my villa. It would be anything up to $10,000.
I have been to council in April, with a witness, a building surveyor, and clearly, council knew that the developer installed the stairs in 1997 to villa 1, 2. & 5 and ladders to villa 3, 4 & 6. Council then issued a Certificate of Occupation to all villa after the stairs were installed. Council said they had written to the developer (on file) in 1997 requesting he remove the stairs. Council did not follow up this letter.
Council had only wanted to approve what was on the original DA ‘lift up’ stairs to all six villa. Council will not allow copies under copyright law and stated if the matter was taken further and a complaint laid, they would have to order to removal of all stairs and ladders to the six villa.
The problem:
I have received a Notice of EGM for 13th May. The meeting is forcing me to sign for Special Privilege By-law that I repair the sagging floor upstairs. The Notice has obviously been put together by a solicitor and threatens me with various strata legislation. Pay for the work, engineer’s certificate, compliance with Australian building codes. An indemnity to protect the Owners Corp from future actions, proceedings, claims, demands, costs etc.
The solicitor acting for the Owners Corp lacks the knowledge that council approved the stairways by issuing the Notice of Occupation. The Notice of the EGM is asking for council approval which is not necessary, it is only a repair. Although an expensive one. Two beams to support the floor upstairs because the developer did not put enough support.
Most of the agenda is incorrect.
This is a very complex issue:
Question:
If we lodge an appeal to the Adjudicator in regard to our recent dismissal, which includes the stairways, will the proposed meeting have to be cancelled.
Sorry to rattle on. Any suggestions as to whether this is an interesting topic. Or is it too hard to follow.