Hello ,
Wondering if anyone has an opinion on this ?
I am selling an investment townhouse , contracts exchanged , cooling off period expired . There are some outstanding “work orders” , issued by the owners corporation ,on my property … Buyers solicitor has written saying I can’t close the sale until this work is done , so I will…However , in 1990 the owners corp ( strata in those days ) voted to make the units more like torrens title … leaving them only 2 responsibilities … underground plumbing and window glass ….nothing else !
The lady from the strata management company ( they have over 1000 properties under management ) said it’s the only one of its type they have as regards being almost torrens title in this way .
I asked , “then what am I paying for ? ” …she said …”owners corp is just getting a bank together “…great ! ..I should ask for that in writing .
Anyway , my solicitor has now told me he’s “pretty sure” that because they don’t look after me in so many of these areas , it’s doubtful they could legally enforce the work orders .I’m thinking of pursuing this .
Has anyone experienced this situation ?
Thanks in advance and best to you all for 2007 .
MLV
MLV
Hi MLV
When you say they “voted”, did they register a by-law setting out the conditions of the handing over of maintenance responsibilities to owners? If so, this should contain info that would determine the rights/responsibiliteis of both parties ie owners and owners corp. Your solicitor will be able to tell you if a by-law has been registered on the cert of title for the common property.
Wake
Thanks Wake for your reply , yes it was “voted in ‘ by the owners back in 1990 and was added to the charter so to speak . My solicitor thinks that my situation could still be a grey area so I’ve written to the executive of the owners’ corporation asking for a ruling on my specific situation ….so we’ll see . Regards, M
MLV
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