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Hi Jimmy
I’ve only just registered, although I’ve been lurking a while. I’m not sure where this question should go – can you redirect it appropriately please. Its rather long and has several questions but I can’t work out how to ask them without telling this amount of detail.
How do we find out enough information about unauthorised alterations to a particular owners lot?
One of the townhouses in our complex has just been sold. Owners of other townhouses have suspected that unauthorised alterations were made, and this has been confirmed by photos in the real estate advertisements and some concerned owners of other lots who viewed the house when it was open for inspection for the sale. However, from what can be seen in the photos and a short inspection we can’t determine what has exactly been done to achieve the alterations.
I have read on posts on this forum that once a lot changes hands the Owners Committee will become responsible for the maintenance and repair of those alterations unless OC approval of them was gained and stated otherwise. I assume the “sold” sign outside the house means that the settlement period has begun, rather than the sale completed, so I don’t know if we still have time to do anything about the issues.
Although the owner concerned should have had approval of some form from the OC for them, Some of the alterations probably pose little risk of expensive problems that the OC will need to pay for in future, and hence probably not panic-worthy. They may have only needed approval under no 5 of the bylaws or 65A (?is that the right one?) which I understand would leave the OC responsible for them anyway (is that right?)
However there are two alterations that probably are of concern and are likely to have involved a Special by law under 65A – but we can’t tell exactly what has been done.
One is a shower added to a laundry – it seems to use the taps that used to serve the laundry sink, and the floor drain in the laundry floor (the shower is elevated, so there is now no floor drainage outside the shower). Although not a brilliant idea to have no floor drainage or laundry sink anymore, it is possible that all they have done wrong is install a shower against at least one common wall, as they seem to use existing plumbing outlets inside the cubic space of the owners lot. But we don’t know that for sure. (I have checked and our local council don’t need to approve it unless major structural changes occur)
The other is a stove ventilation hood, which SEEMS to just lead into the cavity wall behind, as there is no outlet in the external wall or roof above. This is also against a common wall so if installed correctly they should have gotten approval for using the wall. But it may not be vented at all, in which case it is just a section 5 of the bylaws problem because they mounted it on the wall. If it just vents into the wall there seem to be a number of potential problems that could occur down the track.
To add to the issue, the Strata Plan seems a bit confused about what are common walls inside our houses, and I am awaiting a reply from the lpi after I needed to send further information, cross sections and plans to help them interpret the SP. (The walls I refer to above are definitely common walls, but there may be more)
So my questions are:
Is it too late for the OC or EC to do anything anyway?
Can we use the advertisements and short inspections as evidence of alterations to act if we can’t be sure of how they were done? Our SM seems unsure whether we should be concerned and asks us for evidence that bylaws have been breached before she wants to act.
A lot of the owners would like to install showers in their laundries (all the townhouses are identical, or mirror copies) and this issue is potentially setting a precedent for avoiding Special ByLaws.
Thanks.
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