• This topic has 4 replies, 4 voices, and was last updated 5 years ago by .
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  • #48309
    Bennifer
    Flatchatter

      A unit in my building is for sale and the images show unapproved floorboards. How do we ensure that the OC do not have to pay for any future repairs to the unapproved floorboards and put the responsibility on the owner of the lot?

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    • #48332
      Jimmy-T
      Keymaster

        You need to get your strata manager or committee to issue a notice to comply or seek mediation and orders immediately, to establish that the floorboards are illegally installed so that they become the responsibility of the vendor or the buyer and not the owners corporation.  Do nothing and your OC could be plagued with problems.

        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.
        #48333
        scotlandx
        Strataguru

          This happened to us – we gave notice to the real estate agent that the works had not been approved, and the agent was obliged to disclose that to any possible buyers. It was a condition of sale that any buyer had to agree to a by-law.

          Real estate agents hate that, because they have to disclose it.

          #48350
          g-g
          Flatchatter

            I agree with JT and Strataguru.

            We have had two such cases (240+ lot scheme NSW) and in both cases the Secretary of SC sent a letter to the Real Estate Agent who was obliged to disclose in the contract of sale. One sale was withdrawn, and the other went ahead with the  new owners removing the floorboards.

            Good luck

            #48468
            Bennifer
            Flatchatter
            Chat-starter

              Thanks for your responses. The owner is going to apply for retrospective approval agreeing that all future maintenance is the responsibility of the lot owner. This will cover the OC so everyone is happy 🙂

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