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My husband & I have been poring over our strata plans all afternoon & we are thoroughly confused. We had asked the local council to provide copies of the development consent for our complex, which appears not to exist. Now, before I go any further, we do have photocopies of drawings of the plans, but not a written, detailed document stating clearly that the consent has been granted & under such & such conditions, if any. When I rang the council to check on our application earlier today, the clueless young receptionist told me there was no development application or consent on her computer & maybe the DAs weren’t even necessary back then (early ’90s). I nearly pulled my hair out on the phone. Help please!
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When you consider that it’s only in the forthcoming changes to strata law that developers will be required to provide all documentation to the owners corp, you can see the potential for paperwork to go missing.
I was peripherally involved in a legal dispute once where the developer refused to let the owners see the plans because they were ‘copyright’ (the owners needed to see them so they could pursue a defects claim).
So don’t be surprised that the plans for your building aren’t immediately available but it may take some detective work on your part. Just trust that someone, somewhere has a copy – your problem is who?
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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