#28027
Lady Penelope
Strataguru

    bella – Thanks for the clarification. 

    You mentioned that the lots were sold off the plan…. Did the neighbouring owner undertake these renovations after the Settlement date on the property, or were these works carried out by the developer and/or building contractor at the request of the owner prior to the Settlement date i.e. was the owner’s purchase of the property contingent on the flooring being changed prior to Settlement? The dates on which this works occurred may make a difference as to who is responsible. 

    If the renovations occurred after the Settlement date then what you have described appears to be very unusual and appears to be another contravention of the Act by the neighbouring owner.

    Alteration of the common property slab is a Section 108 issue and requires a Special Resolution by the OC at a General Meeting (i.e. 75% of the votes). It also requires the owner obtaining a by-law from the OC. The by-law must authorise the works, and should include an assurance that that the owner is responsible for repair and maintenance issues of the works. 

    https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/nsw/consol_act/ssma2015242/s108.html

    I would be immediately notifying your OC in writing about the unauthorised work to the slab (i.e. a breach of [s108]), and the non compliance with the conditions in [s110]. Also the need for a structural engineer’s report, and an acoustic report.

    I would also be seeking assistance from the Office of Fair Trading ASAP and raising all of your concerns regarding the breaches of the Act, and the requirement for expert reports (structural, and acoustic). Be prepared to take this matter to the Tribunal if necessary.