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Topic
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It took our strata sometime to organise a DA with the local council for major works on our block and work commenced a couple of months ago. Work has recently ceased as some owners now want to submit another DA that will only benefit them. Unfortunately, half of my place is now unlivable and may remain so until such time as the DA is processed – and there is no guarantee that it will go through.
The situation with my living arrangements are that half of my place may be unlivable for maybe 3 months. The additional DA may not pass.
Two questions:
1. Am I entitled to compensation for my place not being habitable until work recommences?
2. Who will bear the costs of these additional works?
The proposed amendments to the DA will probably be passed by the committee.
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Replies
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In general terms and in the absence of more specific information about the nature of the works covered by the DAs, as an Owner you are not legally entitled to any compensation unless the works arose from an insured event, BUT you may seek that by way of a formal request to the Secretary of your Owners Corporation and see what eventuates.
Come back with some further information about the nature of the major works, and particularly those benefiting only some Owners, and some more comments / advice may then ensue.
Changes to the common property require to be approved by the OC (not the EC) and if it is an improvement (as opposed to repair) it needs a 75% majority to approve it. If the first DA was approved by the OC and the EC had delegated authority to implement it then if that DA is changed the whole process needs restarting and it needs to go back to the OC to be re approved by an EGM with a 75% majority.
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