› Flat Chat Strata Forum › Common Property › Ocean view trade-off › Current Page
I have been looking into this situation some more and have discovered that when the whole duplex property was renovated by us and the upstairs owner about 12 years ago, quite a number of square metres in the common property roof-space above her dwelling were utilised to allow her to have extremely high ceilings, open plan vertical space if you will.
We did not explicitly agree to this and it appears to have “slipped through to the keeper” as it were amongst the rash of plans, drawings and the like associated with the renovation and my wife only became totally aware of it after it had been built at which time of course we believed we could do nothing about it.
Is there some sort of “Statute of Limitations” applying to a situation such as this or would we be entitled to use this inadvertently/unknowingly released CP space as leverage in any discussions to do with our wish to create the situation I initially enquired about.
Can any action be taken, (if the outcome requires it), to allow the upstairs owner to make good this error.
Thanks