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Topic
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Work approved at recent AGM has started today in a unit in block of 6.
Unfortunately, additional work has been noted (clearly visible from the backyard!) with changes to the floorplan that effectively make said lot into a 3 bedroom lot where all others are 2.The plans submitted and approved did not state this work would be done. I think this has implications at local council level and probably also at strata level, and above all it is such a pity that we have been not told the full story by the owner/s.
Can you please let us know what are the legalities of this move and what we can do to ensure this is properly recorded with council and our strata plan? Would any additional funds be paid to strata to cover the infringement or changes to the lot?
We’ve sought advice from our strata manager but it’s always good to know the options.
Many thanks
Madame Chaire
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Replies
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The first thing to do is to get the work stopped (even if that is not your ultimate intention). You can do that by calling council and telling them that there is unauthorised work going on, including an unapproved change of floor plan.
At the same time you can seek orders at Fair Trading, both through normal channels and, at the same time, by seeking an interim order to have the work stopped immediately.
That would then put the committee in a very strong bargaining position for the next stage of how you want to proceed.
However, if you go in at this stage talking about compensation for unauthorised work, you will muddy the water and may well end up getting nowhere
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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