Survey Strata WA - redevelopment options and impact on survey strata owners

Hi there,

We own a unit in a block of 4 with common roof (all units adjoined by enclosed carport under common roof). This was changed from a strata to a survey strata years ago on agreement by all owners years ago.
We have a very relaxed self managed body corporate which comprises of all onwers and have simply had meetings on a needs basis when things needed to be done.

Now 1 of the owners has put their unit on the market, and a lot of enquiries have come in about the strata and redevelopment options of a survey strata block. As we have never had to deal with this, would anyone be able to provide information on things like:
* what prospective buyers can do under survey strata (WA) - they will have street access
* what the impact would be on remaining strata owners
* if body corporate members will still have a say on redevelopment (I think power is above ground and comes through this unit and filters on to subsequent units)
* at present, the common driveway is nice and open due to all units having a sizeable front yard area and double driveway each - by the unit in question putting up high fences along the driveway, it will become a narrow laneway entrance - can this be objected to by body corporate? How about material/height / size?
* In addition to the standard strata bylaws wa, are there any recommendations to add bylaws by the current body corporate to protect some of the current setup? What are general recommendations for added bylaws in a survey strata environment?

Sorry for the multitude of questions - it has been a very good complex with the current owners for a very long time, and we currently feel that this willl be under threat based on enquiries so far by prospective buyers.

Thanking in advance for responses...

 

This really is strata laws 101. Who did the conversion to survey strata? Shouldn't they have explained how it works?

It really depends what the strata plan and your bylaws say.

Landgate publish a guide on strata schemes, so searching for that and reading it, along with the bylaws is probably the place to start.

 

Conversion was done 15 + years ago. Think the surveyor has now retired, so company no longer around. Most of us weren't owners when this happened, so no details available.
I have the "survey strata" plan - but no real info attached apart from drawing and the conversion forms signed by then owners. It doesn't "seem" like there are any restrictions related to the survey strata, which then unfortunately seems to leave it open for someone to either build a 2 story place or request further subdivision to cram in even more units due to the size of the survey strata block.

As far as bylaws go, we have just adhered to the standard state strata bylaws as most of the units were owner occupied and everyone usually agreed on decisions made when things needed to be done.

So that is why we are seeking advise as to how we can save-guard the remaining owners reasons for buying their respective places (space/peace/view/access/safety) ahead of a unit being sold to someone who may have plans to adversely affect this.

Most are pensioners of some sort, so strata costs were kept at a minimum to just deal with anything that needed doing (insurance/gardening/etc). Funding to get proper legal advise may therefore be out of reach, but at the same time, we want to protect the current way of living as much as we can and to avoid minimal disruption when new owners come on board.

Hence asking things like:

• which types of bylaws would be good to be added to the standard WA ones,
• if a common roof will have restrictions to demolishing/rebuilding on a lot (not clear from guide),
• if the body corporate will have input into what type of fencing they would use if fencing off the front of the property on edge of common property
• what the issue would be with power if fed through overhead power line to unit being sold (and fed to subsequent units)
• issues with light/privacy if new owners would either build 2-story townhouse or further subdivide and put 2 units on there (and anything we can put in place to prevent this prior to sale)
• anything else we should look into / where we could get advise for minimal cost

All very new to us as we have never had to deal with this -- hoping for a bit of understanding and advise as we have little time to deal with this now...

 

Frankly, you need to do your own research, or pay for the appropriate professional to give you the advice.

You're not going to get any easy answers from here or anywhere else really. We don't have a copy of your strata plan or bylaws.

You say that this is important to you, but seem to be shying away from either reading the landgate guide and other online resources - or paying for a professional - probably a strata specialist lawyer would be appropriate.

There are 3 or 4 of you interested parties, and I imagine your properties are no doubt worth in the 6 figures each. But you don't want to pay?

I don't really have much sympathy for that attitude - sorry to be blunt.

 

Sorry to be blunt back, but obviously you are not a pensioner who just makes thing meet. There is a big difference between not WANTING and not being able to afford this. These have been long term older units and a mere roof over the head for most, regardless of the value of the place. Your thinking seems to be the thinking of investors who have the means to get loans and move money and pay for what they WANT to get. Most remaining owners NEED a peaceful place to live in without major disruption outside of their control on the part of someone who can afford to do what they want.

Just wanted to be steered in the right direction as there is just too much information around and we are getting bamboozled by it all.

Already regretting putting up this request as it really disappoints me that people can be so rude to assume that everyone who needs help is lazy or cheapskate. And again assumed that we haven't read the landgate publication and other docs. We have done that, and have been looking for weeks, but are still really confused. I am sure that you would not expect your 80 year old grandmother to understand all the jargon and trawling the net for what is a specialty area for most.

So rather than getting flack for not understanding or getting accusations, I would prefer not to get responses with a tone like this as it really is unnecessary.

If anyone can give us more info as to where to look to get some more clarity, much appreciated. If not, would prefer no response at all in view of the above.

 

I assume that because I advised you to do that, you didn't say anything about having already tried that in your response.

I also assume that because I literally just googled the guide, clicked on it and scrolled down to page 34 after a quick look at the contents. This took less than 2 minutes.

"25.1.1 Approval for structural alterations The alterations of any structure on a strata lot must be approved by the other lot owners in writing or the strata company by a resolution without dissent at a general meeting."

Plus you know, all the other stuff in the guide.