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  • #8377
    peterepete
    Flatchatter

      Hi all, I would to hear your view on the following situation.

      I’m in the top floor Unit of an old Block of 4. I was loooking to remove the dividing wall between Living and Dining area, to make one large room.

      The wall in question supports the roof but it is a straight forward job to replace the wall with a supporting beam.

      I approached the owners beneath me and inquired if they would like to also remove their portion of the wall (they can’t remove unless I did from above first,as it is the same wall from ground to roof thru both Units). The idea being, that we would share the cost of the installation of the beam. 

      Intially, they were keen but then declined. I reckon that they would wait for me to do the job (paying for the beam install myself) and then remove their portion without chipping in for the beam.

      What Strata mechanism could be put in place so the cost is shared ?

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    • #16453
      rthorburn
      Flatchatter

        Hi peterpete,

        From how you describe it, the unit below will still need to support part of the wall that is remaining just below 1st floor level and possibly support the floor depending which way the floor joists run. Therefore a beam may still be required for the bottom unit work, and a larger one than the upper one if it is supporting the floor. There could also be some fire rating work to the 1st floor by the bottom floor owner. 

        Therefore there might not be a great advantage to you by doing the work together, but it will depend on the full details being revealed. I do feel however that tying your work to another owner’s work will introduce a layer of complications that I think you don’t need. For me in that situation, I would prefer to push on and get it done my way and avoid all the issues that arise when having to deal with another player.

        I dont think there is a mechanism at present that can force an owner to agree to supch changes, but I could be wrong. 

        I assume that you are aware that both owners would require Councill approval (for structural work) and OC approval (for work to Common Property).

        Regards,

        Rob T

        #16454
        Jimmy-T
        Keymaster

          You might strike lucky and get an owner below who wants to do exactly the same as you do (at precisely the same time).  Otherwise this is a major job that will affect your neighbours in terms of noise and dirt and possibly structurally but only benefits you.  And, no, there is no mechanism in strata to make anyone fall into line with your plans.  Getting their approval should probably be considered enough of a plus.

          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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