I’m in the process of buying an IP which is a new apartment in an eight story apartment building. Settlement hasn’t taken place yet. I expect it’s going to happen at the end of this month.
1. The Caretaker of the building, a nice gentleman
nominated by the developer, will be the long term
tenant (1×5 + 4x5years lease).
He was allowed by the developer to move into the
apartment on 27 January to get familiar with the
building (without my permission [?]).
My question here, although settlement hasn’t taken
place and hence I’m not yet the owner of the
property, am I not entitled to the one month rent
by the time settlement takes place?
2. I’ve inspected the apartment, there were a few
minor defects which have been looked after.
One thing concerns me though, there are no Floor
wastes in the bathrooms and laundry except in the
shower.
I’ve made a written report to the developer and I’m
still waiting for the answer which I doubt I would
get.
The Caretaker, has also contacted the developer and
the builder. The response he got was:
The developer argues that the plans have been
approved by the City Council and the builder argues
that there are no Floor wastes shown on the plans?
[:0]
Does the Insurance company cover the damage to the
carpet should flooding occur in the future?
3. Re: Curtains.
A Clause in the Body Corporate Regulations
concerning appearance of Buidings states the
following:
The proprietor or occupier of a residential lot
shall not install, renovate or replace curtains,
vertical blinds or other windows and door covers
visible from outside the lot unless such curtains
have white backing of some other backing or other
colour backing approved by the Body Corporate.
Question, does this mean that I’m not allowed to
install vertical blinds (the cheapest cover) unless
I install something else behind them (double cost)?
I know that I don’t have to install anything till
settlement had taken place, but I feel sorry for
the tenant. He can’t sleep![]
Does anybody know a pricewert curtain/blind
company in Brisbane and what sort of blind I
should install that fullfil the above mentioned
Body Corporate Clause?
Its my understanding if settlement has not taken place and the caretaker has moved into your flat then the caretakers rent goes to the developer.
I would not worry about curtains till you’ve settled. If there are no curtains now then is the palce really in a state to be occupied.
And another thing if its a NEW unit, then I would be concerned about why you now have a tenant. Did the developer at least discuss it with you. sounds like he did. Did you sign the 5 yr lease?
If you have a disputes, then resolve them with the developer and your solicitor and try and find out common practice to support your case.
yes, I’ve advised my Solicitor about the missing Floor wastes and he has also written to the developer’s Solicitor. We are still waiting for the answer.
It’s an of the plan apartment and because of the long term lease (leased back by the developer for 25 years to accomodate their caretaker) and without property manager’s fee and no hassles looking for tenants, that was the reason why I bought it. I’ve closed the deal in September last year and the lease is part of the contract.
Still it surprise me that the Brisbane City Council could approve the plans.
I know that I don’t have to worry about the curtains now but when it’s time to install curtains???
Thanks Pisces,
I’ll do that. It’ll be an expensive exercise for the developer if they had to install all the floor wastes of all the apartments in the building (all missing).
That does sound strange about no floor wastes. We have them in all our new apartments/townhouses. Although I note that they’re not in any of the older ones that we own – so obviously it may turn out not to be a huuuuuge issue. However, if the laws have changed, and they are now a requirement in new buildings, you would have a case. As the others have suggested, talk to the council.
I also find it interesting that you guys have not settled yet, but already the Body Corporate is creating all these rules. Surely they wait until the first owners’ meeting to set up the rules, and committe etc.?
or other colour backing approved by the Body Corporate
This might be your out though. Just check what colours they do agree to. They might just not like black, or any really dark colours or something like that. check it out before getting upset is my advice. You may find there’s a large range to choose from. And if you install blinds, it would be silly to then install a second backing or something.
Could I just give you my opinion on verticals though, and suggest that you reconsider. They don’t look real flash, and get tangled up, and don’t really block the light very well etc. etc. We went for venetians in all of ours. We also asked for, and recieved a 30% discount off the price, so it worked out quite reasonable.
Cheers
Mel
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