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  • #8552
    Whale
    Flatchatter

      An Owner in my Plan recently passed, and so far as I’m aware one of his children who is the executor of the estate is now the Owner.

      I’ve recently contacted the family’s Solicitor to request a S118 Notification so that I can properly update the Strata Roll in advance of the issue date for the next Levy Contributions Invoice, and additionally because the Unit’s now for sale and sooner or later a purchaser’s representative will request a S109 Certificate that I’d like to be able to issue in a form that’s fully up-to-date (i.e. showing the correct Owner).

      I today received by e-mail an unsigned S118 Notification from the Solicitor showing that the new Owner’s interest arose consequent to their role as executor.

      I’ve e-mailed back to advise that the Notification should be signed, and that as the new Owner’s interest arose other than by a transfer of ownership or by the discharge of a mortgage, the Notification should be supported by a Statutory Declaration to verify the manner by which the new Owner’s interest arose [S118 (3)].

      Am I correct or just being my anal self?

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    • #17166
      scotlandx
      Strataguru

        I don’t think you are being anal, just doing the right thing.  The solicitor on the other hand is very naughty, what if you relied on that and later on something went wrong because of it?

        A lot here transferred to someone on the death of her parents, I noticed that on the death of her father it wasn’t changed to just the name of her mother, but then when the mother died there was nothing from the solicitor either.  That created a problem for her at the next AGM, her proxy wasn’t valid because she wasn’t on the roll as the owner.  The solicitor should have done that.

        #17169
        struggler
        Flatchatter

          You are not anal at at Whale. Just doing the right thing.

          Perhaps you could mention to this party that I’d they want a quick and trouble free sale of this unit then it would be in their best interests to ensure all paperwork is up to date and correct. I know of people who have pulled out of a purchases because of having to chase up paperwork in a strata complex – they believed it was an Indication of the complex as a whole. And we almost lost a purchaser for one of our units because of chasing up some paperwork. If they want a buyer, tell them they have to dot their i’s and cross their t’s.

          #17177
          Whale
          Flatchatter
          Chat-starter

            Struggs & Scotty – thanks for the replies. The Solicitors must have agreed, because they just sent me a new S118 together with a properly worded Stat. Dec.; both signed and witnessed Smile.

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