Join Australia's most dynamic and respected property investment community

Stormwater Easement - Strata cannot make decision

Discussion in 'Development' started by Teddy Western Sydney, 5th Sep, 2015.

  1. Teddy Western Sydney

    Teddy Western Sydney New Member

    Joined:
    5th Sep, 2015
    Posts:
    1
    Location:
    St Marys NSW
    I'm trying to implement a stormwater easement on my neighbours property, an Owners Corporation (dimensions of proposed easement 1.5x1.5m and is the rear corner of the site). While the Owners Corporation have consented in principle to the proposal and provided such a letter of intent, as the majority owner of the Scheme is not "financial", the Owners Corporation are unable to form a quorum (pass a decision) in order to pass a resolution. The Owners Corporation have advised that they do not require compensation but this may change.

    I have already payed their legal costs and have deposited $3,000 into their Owners Corporations solicitor's trust account. This was over a year ago and I still have no resolution. The Owners Corporations solicitor still has my $3,000.00 and the majority owner is still not financial. I believe there are disagreements between the majority owner and the Strata Managers regarding fees that have nothing to do with the easement. Meanwhile I am trying to develop my property but have hit a road block. Other than s88k of the Conveyancing Act 1919 through the supreme court, is there any other avenues I could take to speed things up that won't cost a bomb? Has anyone else had similar issues with their developments?

    In addition to the above, I am generally happy to pay the Owners Corporation's costs associated with the easement and some compensation deemed fair and reasonable.


    Cheers
     
  2. Be Developer

    Be Developer Property Developer Business Member

    Joined:
    19th Jun, 2015
    Posts:
    1,078
    Location:
    Australia
    if you can attend OC meeting and present your proposal directly to owners, it will be more effective or Just organize a mail drop with your proposal and contact details!