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Recently the Quantity Surveyor inspection identified a discrepancy when comparing notation on the registered Strata Plans (SP) versus actual square meterage of individual units. According to the SP the apartment block has 12 units (U) and 12 Store Rooms (SR). Not all SR are the same size according to the SP (9 x SR -40 sq ft and 3x SR -25 sq ft). Additionally, the SP did not include the outline for an extra SR.
OC is looking at re-allocating storage space by handing the Strata Title back and issuing a new title by NSW Land Registry Services. This would involve handing back the title, sub divide and have it re-certified by the Council and assess for stamp duty. This is all very convoluted, costly, with potential legal ramification.
1- The proposal by some owner’s was to accept the new title by resolving it via general/special resolution at AGM. Can such an issue be resolved in AGM? What is majority the needed to pass this proposal?
2- Who pays for the legal cost for new title, re-certification, and stamp duty? Does it come from Administrative Funds or the affected owner has to pay?
3- Some owners with mortgage will have to approach their lender with new SP which may incur a fee. Who would compensate the fee incurred for submitting the new plan?
Any feedback is greatly appreciated. Thank you.
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