#27930
Lady Penelope
Strataguru

    Similar answer to JT.

    Caveat emptor = buyer beware. The buyer has ‘inherited’ the problems of the previous owner when they purchased the Lot. The responsibility lies with the new owner to obtain the correct approvals. The responsibility does not lie with the OC. 

    Due diligence inspections by the new owner of the strata records should have revealed that no approval had been given by the OC for the renovations.

    In my opinion your OC should write a letter to the new owner stating that: the previous owner’s renovations have not been approved; and that the previous owner has breached certain conditions in the Act and the by-laws; and that the OC, as a last resort, can seek an Order from NCAT that the cellar is removed at the owner’s expense.

    If the new owner wants to prevent the OC from seeking such an Order then the new owner, at the very least, should be asked to obtain a structural engineer’s report certifying that the structural changes are compliant. 

    Your OC can approve all of these renovations retrospectively after the new owner has submitted all of the correct Motions relating to the renovations, including an indemnity. 

    Give the new owner a deadline for the structural engineer’s report and the Motions e.g. 30 days.

     I can’t understand how the owners in the building were not alerted when this major work was being undertaken.