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  • #8427

    Hi there,
    We currently are having a problemCry with the EC saying the stairs that lead to our unit( 2 storey) are not Strata responsibility , when we bought the place the stairs were fixed under strata and now that the whole lot needs to be replaced the EC are saying we have to pay for the stairs or they will remove them as they were built on common property and not on the plans.
    I have a letter written from the owner/builder of the property saying that he built the stairs at time of construction and there are notes in the council docs to this, and as it was not a major alteration to the plans no further plans needed to be submitted. Where do we stand? We are currently going through mediation but I’m am beyond stressed as we have the other owners ringing and harrasing us all hours of the night. Any help would be great Laugh

Viewing 11 replies - 1 through 11 (of 11 total)
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  • #16626
    scotlandx
    Strataguru

      Gosh, the other owners shouldn’t be ringing and harrassing you, that’s not on.  Tell them to stop or you will contact the police.  Anyway…

      From what you have said the stairs were built as part of the original construction, and further plans weren’t required by Council.  The important thing is, what is on the strata plan.  Are the stairs marked on the strata plan registered with the Department of Lands as common property or as part of your lot?  Or are they just not there?  If you don’t have the registered plan go and get it.

      I am not sure of the position if they are not on the plans registered with the DOL, but I am not so sure that the OC can say that they should be removed.  If they have always been there, then they can’t suddenly demand that they be removed.  Presuming they do not form part of your lot, even if they weren’t designated as common property I think they would be the responsibility of the OC, because in the absence of them being designated as being part of a lot, then they would likely form part of the common property.  You also say that they had previously been fixed by the OC, which suggests that they are common property, or at least that the OC accepted that they are.  If that is the case they can’t just change their mind because it is expensive.

      Anyone else feel free to correct me.

      #16630

      No they are not on any plans, the only plans that strata have show the boundaries and lots, and do not go into any detail.

      #16633
      scotlandx
      Strataguru

        Those plans may not show it, the important thing is to know what is registered with the Department of Lands.  All strata plans are registered there and will show what property forms part of a lot and what is common property.

        I suggest you go to this website and contact the Department re getting a copy of the strata plan registered with them, if the stairs were there when the plan was registered then they should be there.

        https://lpi.nsw.gov.au/

        #16644
        FlatChatFan
        Flatchatter

          Could it be that the stairs were added after the building was ‘certified’ as completed?

          Unfortunately not so unusual, even with new developments.

          #16646

          The only plans registered with the DOL show boundaries and lot numbers, they don’t actually show any of the balconies or stairs, so I have no idea, we spoke to council and there is a certificate that says it passed the inspection in 2001 and the guy who built the place said he definitely built them at time of construction otherwise how would you get into the building.
          The only thing in the DOL that donates yard space nothing actually says common property. I am so lost I have no idea, We phoned the police as they called again at9.30 this evening but unfortunately they can not do anything about it. Any other ideas??

          #16649
          Jimmy-T
          Keymaster

            I’m going to take a punt here and say that becasue the stairs were built on common property with the clear knowledge of the Owners Corp at that time, they ARE common property unless there’s a document that says they aren’t.

            However, I am not a lawyer and I haven’t seen the plans; this is a serious issue and it’s time you have a chat to a strata lawyer about your options.  I would think they would include:

            A clear and definitive assessment of what is and what isn’t common property.

            A letter to the members of your EC warning them to stop the harassment or they will be served with an AVO.

            If the lawyers believe the stairs are common property you would then want a letter to the EC warning them that if they continue to resist paying for the repair of the stairs and someone is injured in an accident, they may not only be liable for damages but could individually face criminal charges under the new Work Health Safety laws.

            Go HERE for contact details for Makinson & D’Apice, send them an email, tell them you raised the issue on Flat Chat and ask them what they think (and how much this is likely to cost)

            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.
            #16650
            struggler
            Flatchatter

              I find it a problem that when one takes matters to mediation/CTTT that all their details are included in the forms. And that the forms ae then distributed to everyone. Then you find a situation like this, where lubs is just looking for clarification and something to be done, being harassed by other owners. I have a friend who has a case which is now before the CTTT. He had no idea that his details would be sent to all until he was contacted by another owner. Fortunately in this case it was in support of his plight.

              From what I have learnt from flat chat, if these stairs have always been there, and the OC hasn’t had a problem with their existence before they needed maintenance, and there is no special by law or exclusive use by law stating they are the responsibility of the owner, then one would reasonably think that they would be the responsibility of the OC. And if such special by laws existing these would have been pointed out during the purchase process surely.

              As for the phone calls, let your answering machine take the calls. Perhaps they will leave a message that you can use as evidence of harrassment should this behavior continue. I have been fortunate enough to have neighbours who self incriminate. It’s like winning lotto.

              #16885

              Hi everyone, another drama. Mediation got cancelled by our mediator the night before it was due to happen. My husband works long hours and can not get time off until start of December , the EC want the mediation. To go ahead but that’s way too long to wait. We got our solicitor to write a letter explaining our concern and urgency, unfortunately the EC and body corporate wont budge…I’m at my wits end. Any other ideas?? Please I’m desperate !!!

              #16886
              Jimmy-T
              Keymaster

                Does your husband need to be at the mediation? If your solicitor is there, plus you, that’s all that’s required.

                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.
                #16887

                Unfortunately as my husband is the only one registered with the body corporate he has to be, I am only down as by invitation. Do you think our solicitor could go by herself ?

                #16894
                scotlandx
                Strataguru

                  That’s easy – your husband can appoint you as his agent for the purposes of the mediation.  Just draw up a document that he can sign, including that he appoints you for the purposes of agreeing to any resolution that may come out of the mediation.  The solicitor can help you, the solicitor represents your husband anyway, they can agree to any resolution as well, so you may not need that last bit.

                Viewing 11 replies - 1 through 11 (of 11 total)
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