There are three other areas prospective owners should
consider before deciding to buy. They relate to what you
are permitted to do as a resident, and which you may find
restrictive. They are:
- The rules and regulations governing the building
- What you are allowed to do by way of refurbishent of your living space; and
-
What happens in case of a dispute with the Board or the
niughbours in the building.
The rules and regulations may cover such things as making noise, parking motor vehicles (sometimes a problem in older buildings), disposal of refuse, gardening and landscaping, keeping pets, and the use of services and facilities.
Refurbishment
All company title home unit buildings have rules and regulations relating to refurbishment of the unit. These rules and regulations will be set by the company and prior to carrying out any refurbishments (other than of a minor nature such as painting and minor decorating matters) a plan/outline should be submitted to the companying detailing exactly what is required.
You should check with the company secretary to ascertain what the company’s requirements are concerning the refurbishment of units.
On occasions if a major structural change is planned, you may need to obtain development consent from the local council. The company will need to give consent to lodging that development application and may need to affix the company seal to the DA. This may vary from council to council.
Disputes
Most disputes are resolved by means of negotiation between the company and the owner of the shares or the occupier of the unit.
If a dispute cannot be resolved by the Board, there is no other forum for resolution other than the Supreme Court. This is expensive, and not satisfactory, as the court will quite often refuse to get involved in the day-to-day operational matters of the company.
For more information, email John F. Morrissey and Company, lawyers.