› Flat Chat Strata Forum › Common Property › Who’s responsible for not knowing what was common property? › Current Page
Hi Griffgra
Billen Ben is broadly correct in his or her approach.
The costs lost via the special by law would probably negligible compared to the cost of seeking to recover those costs.
A couple of things are unclear and seem to be central to the contentions of the solicitor for the new owner. That is, how much of the car park is common property and how much is lot property? ( you indicate that a portion of this carspace was common property). I think a more accurate description of what exactly is happening is required before the threat of the owner’s solicitor can be evaluated and the application of s. 158 of the SSMA be reviewed.
As this is becoming a fairly involved issue, I suggest you seek the advice of the solicitor engaged on this point and the most commercial solution available.
Regards
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