Can owners claim common property defects under builders warranty after builder insolvency?

By admin,

Our Unit Plan is class B with 6 townhouses, last unit sold a few months ago.

The building company has gone into liquidation. Builders Warranty Certificates were issued for each townhouse by the Master Builders Fidelity Fund (MBFF).

It is unclear to me that we can make a claim for building issues on common property - in this case, stormwater management related. Can we claim for common property issues on builders warranty?

Do solar panels on common property roofs in a duplex require approval and can encroachment be challenged?

By admin,

I am a lot owner in a community title duplex in SE QLD. We share a connecting wall. The other lot upgraded their solar panels on their roof, but the new system has encroached over my roof by 1 meter. They did not ask any permission from me or even advised me that they were going to have the work done.

Where is the boundary of exclusive use car parking bays and does it include airspace in strata?

By admin,

Regarding exclusive use car parking bays in Queensland.

Our boundary lines are painted and are about 100 mm wide. Is the boundary either side of the painted line, the centre of the line, or something else?

How to reclaim unauthorised exclusive use of common property in a community titles scheme

By admin,

In our community titles scheme, we have at least ten villas that, without approval, have fenced-off common property areas for their exclusive use. Some of the lots are nearly twice the allotted size. This has been happening for many years. I only found out a few months ago when doing a Qld Globe search on one of the lots that looked a lot bigger than the same style of villa a few doors down.

Can a body corporate install cabling on a private car park without notice or owner consent?

By admin,

While I was not at the premises, the body corporate moved a freestanding over bonnet storage unit in my title lot car park, drilled into the ceiling and installed cabled electricity across the 2.4 metres width of the car park. The electrical work was required for new lighting in the common property BBQ area. Does the BC have the right to do this without requesting my approval or even notifying me of the work?

Can I demand the removal of the cabling? The conduit prevents me from attaching anything to the ceiling in future.

How to resolve strata boundary disputes between lot owners and common property areas

By admin,

A dispute exists between a new owner and the body corporate over the boundaries of the common property area land and the new owners' land. The new owner disputes the boundaries and maintains that his land is larger than we believe. Unfortunately, the common property area has not been surveyed since the 1990s.

Who is responsible for obtaining the services of a surveyor to ascertain the correct boundary between the new owner's property and the body corporate common area?

Can a strata scheme allocate visitor parking to one lot without a by-law or exclusive use rights?

By admin,

I am a Tenant living in 1 of 3 Townhouses in NSW, all of which are rented. We all have a garage and there is one visitor parking space directly in front of townhouse 3.

Townhouse 3 has always been allowed to park in the visitor car spot while any visitor, townhouse 1 or myself cannot. My property manager recently explained “no one can park in this spot excluding the occupant of townhouse 3. Unfortunately, this is an arrangement with Strata and nothing can be done to change it.”

Can strata enforce 24 hour visitor parking limits and issue fines to visitors?

By admin,

A building I visit recently made a rule to fine people $165 for using their visitor parking spots for over 24 hours. As we are currently in lockdown and no one is visiting, I decided to use the space rather than park on the street. I am legally allowed to visit, for compassionate reasons. As a visitor to the building, can strata fine me $165 if I park for over 24 hours in a visitor parking spot?

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