Libbylou

Dear JimmyT,

Thank you for giving me the opportunity to apologise to the Flat Chat community for my masquerade.

I am so sorry everyone, I really am. I honestly didn’t mean to offend, or show any disrespect. Please forgive me?

I truly, honestly did it to put myself in the shoes of the other person – the one with the exclusive-use access. My initial question was straightforward (about compensating other unit owners for renovations), but the thread quickly developed into more complex issues – and the responses have been incredibly helpful. So thank you all again.

But once I’d misled everyone about my identity, I was too ashamed to come clean… Until one of the contributors implied I was going to do something underhand, which was getting completely out of hand! So I privately messaged them to ‘fess up, explain my masquerade and ask for forgiveness – I understand they felt deceived and disappointed. But they dobbed on me – which hurts a little – but I do understand they had no choice in the interests of maintaining the high standards of a professional forum.

I give you my word of honour Flat Chatters that I will never displease the Flat Chat community again. And JimmyT, I guess as a positive, you’ve been able to use my bad example as a cautionary tale and an opportunity to reinforce Flat Chat’s impeccable modus operandi? I hope so. Please have me back?

With love, gratitude and contriteness,

Libbylou

PS I am female, but my name isn’t Libbylou (is it a little bit funny that you can have a fake name but not a fake identity? No disrespect intended! But JimmyT, you would find that slightly amusing, too?)

Thanks Lady Penelope. We’re not going to rent the space out – we would stick to our word – and it’s a small block so it would be obvious if we were doing the wrong thing. I just posed the question whether it would be considered okay for family to stay over – but it’s a question that should be posed to strata. 

I wonder how we determine what the original grant of exclusive use would ever have envisaged? Do you think a grant of exclusive use is very specifically saying exclusive use of the space only, rather than also renovating/adding in any way?

Thank you again for your comments

Thans JimmyT,

On the title, it says we have 244 units. But our apartment is 177 units, and the roof space to which we have exclusive use is 282 units. I’m not sure how 244 units was arrived at? But as you say, maybe it was no-one bothering to adjust them. But if that’s the case, why did’t the unit entitlements stay at 177 units? Could it to be with voting rights?

I’m sorry I’ve been confusing. I find the inconsistencies very confusing too.

thanks scotlandx,

we have permission from strata to turn the old laundries into an office, kitchen and bathroom, with the special bylaws regarding this to hopefully be passed this week by the OC. Do we need permission from council to convert the old laundries into a bathroom and kitchen too? there is no new building as such.

HI Lady Penelope,

No, the chair was not the Unit holder with the exclusive use to the roof, but from my understanding did want to sell her apartment so most likely wanted to get things fixed ASAP. 

Cheers

thank you again lady Penelope and scotlandx for your responses. you are very helpful. I will speak to the strata manager tomorrow to access the records. I think it will be difficult to narrow the search as the building is 100 years old. although it was originally company title so possibly this exclusive use was granted soon after it became strata. ill check it out. thanks again.

ps I know, odd that all other unit owners consented to pay for the damage to the membrane. from what I understand, at the time the chairman of the OC was a strata lawyer so you’d think she’d know better? a mystery. please feel free to comment – I’m bamboozled

Thanks Flame Tree and Scotlandx for your advice. Cos you know strata stuff, I wonder if you could answer the following?

Can an “exclusive use” bylaw be overthrown by other owners?

The previous lot owner, who had “exclusive use”, damaged the roof by hammering floorboards into the waterproof membrane, but every lot owner had to pay to get it fixed (and still do if there’s damage caused by us). Does this weaken our hold on the “exclusive use” area? 

If this background helps, apparently many years ago the lot owner paid $20K to the other owners for “exclusive use” to the roof (almost the footprint of the building).

Thanks again for your help.

(PS, I’m not really a cowgirl – more a guerrilla gardener.)