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I own a villa in a group of nine built several years ago. Six have been sold while the remaining three are still the property of the builder, (although up for sale). While I’m happy not paying strata levies at the moment I was under the impression that once the majority of villas were sold then a body corporate should be formed. Also, where do I stand if I wish to build a verandah roof? Do I need approval from anyone other than the council? Would it be easier to do it before a body corporate is formed?
Chris, Menai NSW
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Once the Plan is Registered, the Owners Corporation (O/C) is “formed”; that is, it exists as a legal entity. The first Annual General Meeting (AGM) must be convened by the Developer within two (2) months of the day that sufficient Owners (other than the Developer) have settled on the purchase of Lots such that the combined Units of Entitlement for those Lots represents at least 30% of the total for the Plan.
If the Developer does not convene that Meeting within the prescribed period they’re liable to a fine of at least $1100, and any Owner can then apply to the NSW Consumer, Trader & Tenancy Tribunal for an Adjudicator to make Orders requiring the Meeting to be held.
I can understand why you’re enjoying the levy-free period, but believe me that’s short-sighted as Developers don’t spend much (if anything) on maintaining / repairing the Common Property, so the longer the first AGM is delayed the higher the Levies will need to be in order to catch-up.
With regard to your proposed veranda roof, as your Plan’s O/C has existed as a legal entity since your Plan was Registered, NO you shouldn’t build anything that constitutes an alteration or addition to the Common Property, unless of course you want to be the subject of the O/C’s first-ever Resolution – requiring you to demolish it
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