#25799
Jimmy-T
Keymaster

    I don’t think the time element comes into it unless the by-law hasn’t been registered within two years.

    However, you have given permission for an extension based on specific details, such as the design of the extension and the payment based on the increased value of her apartment.

    In the meantime, the values used to calculate the payment that should have been made have also changed.

    I would be making it clear to the owner that she has, say, six months to apply for a DA for the plans exactly as agreed or you will be approaching NCAT to have the by-law revoked and she can start again.

    I would also make it clear to her that if she applies for a DA on the basis of any design other than what was agreed, the Owners Corp will strongly oppose it at council (and probably win).

    If she wants to radically change the design, she needs to start again with a new by-law (and an increased payment). And next time, put a sunset clause on the by-law so that it falls over if work isn’t started within a certain period. 

    The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.