April 27, 2020 at 10:20 am #227373BudgeeMember
As a new owner of townhouse 4 in a block of 4 townhouses I have just learnt that townhouse 3 and townhouse 4 are under STRATA PLAN 6848, the block being built in 1974 and townhouse 1 and 2, who underwent a major renovation in 1996 are now under STRATA PLAN 52301 and are hence are now called townhouse 5 and 6.
Townhouse 1 or 5 owner kindly advised that as a consequence of that difference the balcony doors and windows of townhouse 3 and 4 are not part of the Common Property of the block and we should, at our cost, employ a strata lawyer to format a By-law so that our balcony doors and windows become part of Common Property as are the balcony doors and windows of townhouses 1 and 2.
Townhouse 3 owner and I have done that and paid a lawyer between us and that By-law should pass tomorrow at midday.
However, the same townhouse 1 owner warned us at the time that that is not the only difference between the two STRATA PLANS.
I am therefore assuming that we are similarly disadvantaged in other areas too.
How do I find out these differences?
BudgeeApril 29, 2020 at 5:48 pm #227955Amanda FarmerExpert
Hard to answer this one without seeing the two different plans, as well as your registered by-laws.
Noting you’ve consulted a lawyer already, I assume that person is up to speed. That is probably also the person to ask about any other issues arising.
As for owners in pre 1974 schemes being ‘disadvantaged’ generally, the boundary line issue is the main one I can think of. If you haven’t checked out this podcast episode which discusses that in a little more detail, it may help: https://yourstrataproperty.com.au/who-pays-contents-insurance-excess-adjourned-meetings-pre-1974-lot-boundaries/
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