unauthorised strata renovations

[pebbles]

hi everyone. i've been quietly lurking in the background, but now need some help...

this IP is one of 9 in a small block. a long term tenant has bought a top floor unit and has undertaken many unauthorised renovations. most troubling are: demolition of an internal brick wall, failure to fire rate his new downlights and the installation of a new floor to ceiling bathroom window....

he ignored 2 initial letters from the strata agent to 'down tools' and instead completed his reno.... furthermore, the window is more than twice the size of the original.now he is refusing to fire rate the downlights or obtain a certificate from a structural engineer wrt the impact of the missing wall. he will only agree to this if we pass a by-law and let him keep his beloved window. the executive committee are worried that this would set a dangerous precedent if allowed. mediation @ the OFT was unproductive and we are now heading to the CCTT.

are we being realistic in our demands?

 

[Tizzy]

He sounds like an awful trouble maker!
If its not what the body corporate wants then you have every right to stick to your guns, though it sounds like a very stressful situation for all the owners.

I'd be concerned that any leeway you give him is going to be abused. He sounds like he intends to play this out fully and be a total pain in the @#$$

 

[ani]

I'd call the council, bet he hasn't done it legally.

 

[Savanna100]

Yes, I agree with Ani, if he hasn't got an approval for the work it is not legal and, even worse, unapproved work is uninsurable !!!
From what you have said, He won't have got approval because the body coprprate would have had to give their "consent as owner" of the property. Further, its unliklely that a planner worth their salt would have given consent to an "odd" window in a strata development....they are designed to look uniform for a reason.

I suggest that the body corporate tell this guy that they will take action against because he has called the building's insurance status in question and maybe they should also tell him that they will involve the Council.....this guy must be a real idiot or someone that has no idea of the consequences of action like this.

 

[TheCamel]

if its in ACT - and he's ignored the notice of breach, and notice of remedy,
send him a notice of intent to remedy, and then the Executive committee can actually authorise someone to enter the unit and repair the damage, and bill the unit owner for all relevant charges.

Keep chasing him. Then, once you've won (and you should!) get all your costs back from him as well.
He'll probably end up having to sell the unit.

 

[GoAnna!]

Yes, I agree with Ani, if he hasn't got an approval for the work it is not legal and, even worse, unapproved work is uninsurable !!!

And given that your apartment form parts of this block what does this imply for the buidling insurance for the entire block. Scary stuff. I have never heard of some-one with such cheek.


Definitely call the council in. The they can use thir lawyers to sort it out rather than you having to fork out the mnoney.

 

[pebbles]

thanks for all your input. the building insurer says that our insurance isn't jeopardised as the executive committee is already taking action. about calling the council: we're under the impression that it will hold the body corporate accountable - but not the person who did this. BTW it sounds like this situation could be dealt with most efficiently in the ACT (if only we could go in & rectify what he's done). but it gets worse. he's a builder and he reckons that he's dealt with recalcitrant executive committees before and knows "my rights". we are now hoping for a positive outcome at the CCTT, but i have been told that he can just keep appealing through the courts for years anyway... he's also emotionally divided the block. all i know is if i was considering a purchase in our block now that after viewing the minutes i would not.ie this can afect our resale value as this is essentially an 80% owner occupied block.

 

[ani]

why would the BC be accountable?? You haven't approved the renos he is doing.

Don't waste any more time, ring council ASAP
He sounds like a bully ......