Pielover
You try to address this at a Stata level…you’ll have WWIII breaking out. My life has been utter, utter, utter hell for six years and what has kept me fighting is the desire to never ever see anyone else have to go through such a nightmare. Hence, this must remain a Planning/Zoning issue – State Government Legislation with Local Councils responsible for implementation and regulation.
NCAT does NOT deal with this as it is NOT a strata issue – as written before, I have this in writing from the Deputy President of the NCAT…following three failed applications to the Tribunal, one of which was 1,200-pages of documents.
Simply go to sections 7 and 8(h) of the NSW Residential Tenancies Act – first step. That tells you what agreements and what properties are NOT covered by the Act.
Next: go to your local council and simply, under freedom of information, get: 1) a copy of the Determination of Development Application on your strata building, which should spell out what residential lots can/can’t be used for, and 2) also get from Council a copy of Certification of Classification on your building. Look and see what ‘class’ the floor on which you live is – it will be a ‘class 2’, guaranteed. This relates to the Building Codes of Australia/National Construction Code.
Submissions for Responses to the NSW Parliament’s (No)’Options Paper’ must be submitted by 31 October. You can be assured that this matter will be covered in full and as best as humanly possible by those within the Neighbours Not Strangers coalition.
Hope this helps.