#21843

Hi Whale

I take your point. While it is raining on my parade I might shed a few tears.

You are right. It is only council’s interpretation.The only CP on the strata plan is the stairwell in the block of 4 units which is part of our 10 lot.

The ‘member’ today was quite fair during the ‘phone’ conference but I found his accent a little hard nor could I understand the legalities.

The EC appointed the SM to speak for them. This was difficult as he is conversant with these situations and I really had to stand up to him.

Although other people were on the phone it became an all out battle between the SM and myself.

The ‘member’ asked why I thought having a compulsory manager would solve any of the problems within the strata.

I said that there was no trust, that I/we believed the strata was dysfunctional and that we were unfinancial. 

At that point I realised that the ‘member’ had not read anything. I had to explain our financial situation to him.

The result:

The SM gained permission for the OC to commission a strata lawyer. I was granted the same right. We have 28 days to file submissions.

The ‘member’ told me to apply to have the  Motion for the 90 day removal of the stairs rescinded. He advised me to get a solicitor.

The ‘member’ seemed confused and stated that the application had been dismissed. I explained that this was an appeal based on the untruths stated by the SM in response to our application. We had proved these untruths. Along the way we had asked for a further order for a Special Levy for the Admin fund.

Time and again I had to remind the ‘member’ that the evidence was already before him. 

The SM tried to have to whole matter dismissed. The ‘member’ refused, stating that it was too complicated.

I don’t think the matter is going to a hearing. But the last part I did not really understand about the legalities and what happens next.

Whale, what if the upper floor had a certificate from council, (which I have), stating that it was attic/storage area and not habitable, would that still be seen as Common Property?

I could ask council to make a written statement that the developer installed my stairs. That would then leave council open to litigation if the stairs were not to Australian Standards. 

I have requested a private Building Surveyor to report on my stairs. He said it could go two ways. Apply for continual use of the stairs for an area not frequented very often or Apply for continual use of the stairs for an area that was habitable. I am most curious about the outcome of this report. 

What council said last Thursday/Friday: Sorry if I am repeating myself.

They had written to the developer about the stairs. Asking him to reapply for approval or remove them. They did not get a response and did nothing. She said when the time came there were too many other issues to resolve with the developer and so the stairs stayed. There was supposed to be drop down ladders.

The SM is fighting tooth and nail with his assertions that ladders were to be installed by the developer. He knows the stairs were installed by the developer.He was here. He was a then real estate agent. 

I cannot fathom the powerful will of the EC and SM that we sign this SBL. 

 

JanetConfused