One of the strata owner in my group are planning a subdivision that will stay in the strata ...for him to get permission

Expert's Assistant chat

Customer: Hi Pearl. One of the strata owner in my group are planning a subdivision that will stay in the strata ...for him to get permission from the other owners is it necessary for him to get a sign of from each strata owner be for he can move forwarded. Or are there any other methods he can use too make the prices easyer for him.
JA: What state/territory are you in? It matters because laws vary by location.
Customer: W.A
JA: What steps have you taken so far?
Customer: I& the other owners are happy for him to do this & we have given our partition verbaly but we will be having a AGM on the 9th of July
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Will sign out agreement that it can happen indervidualy then

Answered by John Melis in 7 mins 2 years ago

John Melis

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John Melis, Expert

Hi, I’m John, solicitor, and reviewing your post, and may need to ask a few questions a long the way to assist you.

I kindly request that you please clarify your question?

Customer

I the new owner in our strata is planning to subdivide his block .he will be using a power conection I paid to set up so that I could have power to my new subdivision some time ago.
It was a requirement by western power be for they would give me permission to do my subdivision. Costing me over $11000
I know he would be paying this If I had not already so I need him to pay me half this amount be for I agree to him subsidising
In a strata I belong to.

Customer

I want to know if I can hold his plans up until he agrees to pay his share by not signing the request for him to subdivide

Customer

Do you understand what I want to achieve

Customer

My phone battery is getting low & I'm in the car & have no way to put on charge

Customer

I guess I will get your answer after my phone is recharge should it go out

John Melis, Expert

we can chat in this box as long as you need.

Concerning your important matter about the strata subdivision, any strata subdivision requires several steps, this is approval by all unit owners in the original strata subdivision to create a new subdivision, then it must be approved by the council.

If approval is not achieved by these two steps, a subdivision cannot occur.

Thank you for reaching out today.

You have a legal right to protect your interests in this important situation.

I am a user like you in this chat forum to assist in your important question today.

Thank you kindly for rating me with 5 stars, which helps me support the community.

You can come back to this post any time to ask questions without additional charge.

I hope I have assisted with answering your important question today, and thank you for supporting the community.

Customer

I see I have an account for $85
Most likely because this type of technology is not my thing ..but I don't have an answer from my question I ask.yet

John Melis, Expert

we can chat in this box as long as you need.

If approval is not achieved by these two steps, a subdivision cannot occur.

You do not need to pay any money when we chat in this box

Customer

will every owner be asked to sign be for the council has to vote

John Melis, Expert

Every owner will be asked to vote at a general meeting or by proxy vote.

Customer

there it would appear he will not be able pull some other process on me

John Melis, Expert

That is correct

You are welcome, and thank you for supporting the community.

Customer

To achieve his wishes each owener or proxy will need to sign the agreement for him to move forward

John Melis, Expert

For this particular owner to achieve what they want to do, there has to be a general meeting, and there has to be a majority vote to allow a change to the original plan subdivision. This is very difficult to do. Then The next step is to get the approval from the local council who may also still reject it. And this is a lengthy process.

Customer

Do you think this will leave me with enough leverage to get him to pay his share of the power upgrade

John Melis, Expert

This maybe possible

Customer

Thanks for your help I believe I can go from here

John Melis, Expert

You are welcome, and thank you for supporting the community.

Customer

sent you an MMS, please retrieve it from https://www.telstra.com/intmms in 7 days with ID:***********and Code:080541

John Melis, Expert

thank you

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