Strata Plan of 4 by the beach

The unit the renovation is in is above the garage of another lot.

There are currently 2 sewerage pipes (1 large & 1 small) coming through the floor of the unit above into the ceiling and airspace of the garage of the lot below (no documentation exists about this).

In the renovation, these 2 existing pipes are to be removed and replaced with 6 medium size pipes were installed as an additional bathroom is being created.

UPDATE: The MA inspected the renovations on 2 days ago & took photos. She also asked the new owner to consider the issue of ‘encroachment’ as this is what has been done to another lot & she asked me to consider what I would be willing to put up with as a compromise.

We had our AGM today. The new owner handed over the signed document requesting permission for the renovation with plans for the bathroom but not for the new plumbing as apparently these do not exist as the new owner just left it up to the builder to do what he liked. The MA asked the new owner what they are willing to do to find a solution to this issue.  The new owner said he doesn’t really know.

The MA then said that he has encroached upon another lot & space has been lost as a result as well as the risk of leaking/flooding & he will have to contact his plumber to source a different position for the water pipes and possibly the water waste pipes & if it means they encroach upon his lot (instead of mine), then so be it & they will have to be moved.

My partner was in tears when she was explaining how terrible this experience was for us & that we don’t want to go through this again. Also that we have been through so much at this property in the past & we really wanted to have a good relationship with with the new owners.

The new owner & his wife apologised & said it was not their intention to cause any grief (you were right Jimmy) & that it seemed to be the fault of their builder whom must not know the restrictions of strata legislation. It appears the new owner intends to set things right.

Hopefully at least the 2 water pipes can be moved as I was thinking, even if we have the appropriate by-laws in place, if the water under pressure did leak and/or flood into my garage, and if there was another owner or if we had a falling out with the current owner, they could turn around & say, “yes we will have it fixed but we can’t really afford to do it now so just put towels down until we can” – or something ridiculous like that or even “so sue me” – assuming they were willing to put up with the disruption to their lot however, as they have 2 bathrooms now, I assume that if only 1 bathroom was affected, this could be possible. Then I am left with possible damage to my classic car, tools & other items of value as well as not being able to use my garage as I normally do for an extended period of time to go through the strata process (mediation, submissions, etc).

The resolution of this matter still remains to be seen.  If the pipes are moved, it will be interesting to deal with the same builder again – the interaction will be quite different this time as my partner wants to deal with it & she is not nearly as tactful or diplomatic as I am – mind you, she has had to put up with my distress through this whole drama.

There has been no mention of the new owners further renovations, for now anyway – thank goodness.

Sorry, I made a couple of typos in my last post (one of the references to the “OC” should have read “AGM” & “hawk” should have been “hawks”) – I don’t know how to edit this – I obviously can’t type properly & talk on the phone at the same time, apologies, please forgive.

JimmyT, thanks for that suggestion, I thought if all else fails, we should do the mediation at the OFT but I know realise that would require a specific order to be sought which may not faciliate goodwill, the CJC might be a better option now you raise it.

We have an AGM next week (first general meeting with the new owner & the new strata manager so it will be a ‘let’s get all the cards on the table’ type of meeting). I have clued the strata manager in on what has happened & she has agreed to explain nicely the reasoning behind strata legislation and assist us to recitfy the paperwork part as much as possible. The rest of the OC will probably express some annoyance regarding the way things have transpired however, we also intend to express our forgiveness (depending on the attitude of course) & willingness to provide relevant information (as you suggested) and to work with them on this & any other future issues. I very much want to live in peace and get on my neighbours/fellow OC members (as well as not worry everytime I hear a hammer fall or see their son-in-law/builder), for all our sakes.

I have reserved my judgement on whether the intention is arrogance, ignorance or stupidity (I rule out malice on this one) – I have a gut feeling a little bit of all of them may be involved but that is OK, it doesn’t have to continue, it’s up to them & the OC will respond accordingly, that’s all we can do.

Whale, thanks for your comments. What actually happened was the OC (myself who owns 2 lots in the plan & one other) informed the new owner his bathroom was leaking into the garage of someone else’s lot below (mine) & he told us that he would organise the repair using his son-in-law who is a builder) and would renovate the rest of the bathroom. Either we incorrectly assumed or were led to believe this was replacing like-for-like using the exising plumbing in that lot, not creating a new wet area with new plumbing for 2 toilets, 2 vanities, 2 showers – all added to my garage. Further details were not provided verbally or in writing by the new owner & permission/approval was not given either verbally or in writing by the OC. We had explained to the new owner, a couple of times, the process for altering/adding to common property. We know now, we should have been more heavy handed & insisted he edudate himself on due process for all & any changes.

I wonder if there is any obligation on the builder to seek verification of the OC’s written approval before commencing works which, in this case involved: demolishing a wall, building a new wall in a different location, demolishing a bathroom, removing a bath, replacing a toilet, basin & shower in the demolished bathroom, installing a new ‘wet area’ being a toilet, basin & shower in the new bathroom (so the ‘footprint’ of the original bathroom was extended to incorporate a new bathroom)?