Flat Chat Strata Forum Common Property Current Page

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  • #8441
    mac

      In our block there are 2 units per floor.  25 years ago an original owner bought 2 units on a single floor and removed part of the boundary wall between them. This was done without OC approval.  The 2 units were subsequently sold to a single owner who has continued to enjoy what is effectively a whole of floor apartment.

      The EC is now aware that no approval was given and wants to cover itself against bearing the cost of replacing the wall in the event the current owner decides to sell as 2 separate apartments.

      Is it sufficient for the EC to write to the current owner stating that in the event the wall needs to be replaced it will be at the cost of the owner?

      If not, what action is required?

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    • #16693
      kiwipaul
      Flatchatter

        From my understanding your strata is stuffed as the origional owner who made the illegal change has gone and now the reasponsibility for removed wall falls on the Strata not the new owner.

        One soloution would be to approach the owner asking him to accept reasponsibility for the alteration (and add a bylaw stating that) or the strata will return the units to their origional config ie rebuild the wall at stratas cost.

        He might accept the status quo by accepting reasponsibilty for the alteration if he wants to keep it as a single appartment.

        BUT has the removed wall affected the structual integraty of the strata building.

        #16694
        Jimmy-T
        Keymaster

          KP is right. The Owners Corp is reposnible for any changes made to Common Property prior to the current owners’ purchase – but they could demand that the current owner allows them to reinstate Common Property at their expense (an unlikely scenario but a bargaining chip, nonetheless).
          However, it is possible that his interior wall had little bearing (no pun intended) on common property, in which case the question is moot. However, it would be worth opening negotiations on an amicable basis to check if this was a load-bearing wall and what might need to be done to make sure there are no problems in the future. If it wasn’t load-bearing or if it was and adequate supports were installed then I would just let it go.

          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.
          #16702
          Whale
          Flatchatter

            I’m surprised that a Strata Search and/or a Building Inspection prior to the purchase by the current Proprietor didn’t raise a red-flag, but in the current circumstances I don’t think that the Owners Corporation (O/C) can just “let it go”.

            How is what’s been done in this instance markedly different from what was allegedly done by the Proprietor of that fire-ravaged Unit in Bankstown (NSW) who it was reported erected additional walls internally within the Lot in order to accommodate more beds/people?

            Apart from the structural issues (which should not be ignored), I believe that there are numerous other implications arising from the two Lots being combined; building insurance and the unit entitlement being but two of those. Like why give an Insurer an excuse to refuse a Claim by the O/C, and who’s to say that the unit entitlement of the combined Lots is equal to the sum of that for the individual Lots?

            There should have been a Strata Sub-Division (in NSW) in order to ensure consistency between what’s on the ground and what’s on the Strata Title, and irrespective of the fact that the O/C may now have bear the costs of that depending on how an amicable approach to the current Proprietor is received, the Executive Committee (E.C.) should in my opinion ensure that’s now done so as not to perpetuate the matter. 

            Mac…. if you’re in NSW I’d suggest a chat with Land & Property Information (the old Land Titles Office) about what’s involved with a Strata Sub-Division.

            #16706
            scotlandx
            Strataguru

              I agree with Whale.  A plan of subdivision should have been done to reflect what happened, as the strata plan would be incorrect.

              The other factor is that if OC approval wasn’t obtained, then I would say it is highly likely Council approval wasn’t obtained, and it is very probable you would need Council approval for that kind of work, i.e. removing a wall between two units.  I suggest you give the Council a call and if necessary, go there and do a search to see if any DA was put in and approved.  If Council approval was not obtained, then at the very least retrospective approval needs to be given.  The Council would have to be satisfied that it is structurally sound and the integrity of the building is not affected.  At the extreme the Council can order the wall to be put back, although I am not suggesting that.

              Note that when someone puts a DA application in to Council, it usually requires the common seal of the Owners Corporation.

              #16707
              Jimmy-T
              Keymaster

                Well, that’s me put in my place.  I have to admit it hadn’t occurred to me that there would be insurance issues.  I did think about the planning implications but that ship has already sailed.

                One thing that does occur to me is that if the EC goes into this all heavy-handed and full of righteous indignation, the new owner is likely to feel as if they’re under siege.

                “Speak softly but carry a big stick” would seem to be most productive approach here.

                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.
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