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THE CONTEXT: A 6-unit strata building in NSW. It’s over 80 years old and for the past few years has been in increasingly urgent need of a roof replacement.
THE STORY SO FAR: The need for the roof replacement became apparent in early 2020, but the pandemic complicated and delayed the process. Finally, in early 2022, a work order for a full roof replacement was issued to the winning bidder, who promptly failed to actually schedule the work and who has been unresponsive to emailed follow-ups from our strata manager. (And yes, shame on us, the OC, for not following up more assiduously. One factor might be that the two apartments on the top floor, and therefore most directly affected by roof leaks, are tenanted rather than owner-occupied.)
Today, our strata management company recommended we abandon the original plan and start over: obtaining new quotes and issuing a new work order to a new company. This seems like an excellent idea.
In addition, at some point this week, prior to this recommendation, one of the lower floor units was announced as sold. (We’ve been aware for a month that the apartment was up for sale; my source re news of the sale itself is the selling agent’s website.)
As part of the process a year ago, we raised a special levy to help cover the cost of the complete roof replacement. Now it appears we’ll be starting over from scratch with new bids and it’s almost certain that the original special levy won’t be sufficient to cover the cost of the new quote. So another special levy is in store for us…
THE QUESTION(S): What would be the obligations for the new owner? Would they be liable for their approx. 1/6th share of any new levy that might need to be raised? Or does the fact that, technically, it’s a work in “progress”, exempt them from responsibility since it predates their acquisition of the unit? (Meaning that any new levy would need to be split five ways – not a pleasant prospect.) And/or does the selling owner have any lingering financial responsibilities in a scenario like this?
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