What differences are faced by people in valuation?
The extent, reason and possible effects of the inaccuracy may be many and varied; and the effect of either the continuing inaccuracy or the correction of the underlying fault could also be extensive and varied. We propose that the solution to this problem should be an application to the court for failure to comply with the statutory requirements. for more info : Valuations NSW
There may also be occasions when the court has to consider rectification of the register following a separate kind of application made to it, for example, a claim for misrepresentation whether fraudulent or not in respect of the commonhold documents supplied to a purchaser of a unit. In all clause 33 rectification of commonhold documents cases we wish to ensure that the continuation of the commonhold should be the prime consideration wherever it is possible to do so. The commonhold association will have to amend its documents as ordered so as to comply with the statutory requirements.
If an association (by its directors) failed to comply then the court would have to order that the commonhold be terminated and make provisions accordingly, taking account of the statutory provisions and the CCS. Rectification (or amendment) of the register might be necessary where the CCS has determined the extent of a unit and its position on the ground, but the unit or development has been physically constructed in the wrong place.
It may be possible for the parties to reach an agreement to resolve the problem and an amended CCS could be prepared followed by an application for the variation to be registered. If an agreement cannot be reached then it is proposed to provide for an application to be made to the court for the court to determine the rights of the parties and to order any necessary variation to the CCS and, if appropriate, rectification of the register. We think it likely that these instances would occur very early in the establishment of the commonhold because of the extremity and nature of the faults.