Thanks scotlandx, I have to be aware not to let this situation take over my life.
Para 2: In November 2013, it was voted and carried by Special Resolution “That the OC may request a Lot Owner to reinstate common property (installation of staircase) to original condition as approved by council if they do not rectify/maintain any alteration to a safe standard or within relevant building codes.
That a Special Privilege By-Law be approved by Special Resolution. Lots owners are fully responsible for any installation, repair or maintenance that my be required to any part of the staircase or associated Common Property retrospective of this date
This was voted on and approved. But nothing has happened until the Notice of EGM for Tuesday.
I will go to the EGM as I was the owner who insisted on this meeting. I have proposed a special levy of $15,000 to bring the admin fund to a safer level.
The SM has been borrowing out of the sinking fund for about a year. I have the financial statements.
Para 5: Are the stairs/ladders illegal? Yes and No. As stated council sent a letter to the developer in 1997 requesting the removal of the stairs, there was no response and council at a later date issued a Certificate of Occupation.
Para 8: I just spoke with my engineer, who was able to get the plans from council. The plans show a ladder from the kitchen end. There is an obvious cutout in the floor upstairs but it is at the other end.
I had viewed my file at council some months ago but could not comprehend the masses of superseded files. Boxes of stuff. But I obtained a copy of an application to council 11/11/13 by the strata manager to view the file for my villa. I did not view this file (according to council).
I also found a certificate issues by council that the upstairs area was for storage only. No one was to live upstairs. I do not believe any owners were informed and all use the upstairs area. I have a ‘plan’ given to me at the time of purchase indicating the upstairs area as rumpus/storage.
Para 10: An application was submitted early 2013 for a compulsory manager to be appointed. This was dismissed because the solicitor, the best most expensive strata expert, did not allow time for the respondents to reply.
The solicitor and the applicants, myself and two other owners then resubmitted to have a compulsory manager appointed. The stairs were the main issue. This was submitted in December 2013. The solicitor put an incorrect strata number which the SM has pounced on, even I advise NCAT immediately I saw the error.
The adjudicator was unaware that the stairs/ladders may be legal. Also unaware that the SM had applied to the council to view my file and failed to do so, which makes his response to the adjudicator invalid.
Yesterday, I obtained copies of the respondents reply to this second submission. All 39 pages. Of particular interest are the two pages from the SM. Plus all four EC members make long statements. The only owner who put his best and honest effort into his response was a villa owner who also has stairs and is the Treasurer. The rest is just ‘he said’, ‘she said’.
The SM makes certain comments without providing any evidence whatsoever. The SM states …”purchased her property with a staircase that had been installed by a previous owner. This staircase and 3 others were installed without the knowledge or approval of the OC and or the approval from the council. Over the last several months the illegal staircase installed in villa… has shown signs that it was incorrectly installed and is currently being investigated by a Structural Engineer”.
(Two engineers, both commissioned by the EC. One said the upstairs floor/stairway affected the structural integrity of the villa. The other said the area was dangerous and no one was to go up there.)
“To our disbelief Ms…..arranged for Villa…. to install a staircase without any approval, to the loft area of this lot through common property roof trusses even though she was aware the staircase in her lot had been illegally installed and not in a tradesman like manner. She also allowed Villl… to have a sink installed in the loft area without seeking permission from the OC or council”.
The stairs installed in the garage in villa…. were done many years ago. I was not aware of any problems to my upstairs floor until mid 2013.
I had enquired about the installation of the stairs in the garage of villa… I was told verbally by a member of the OC to go ahead as the stairs did not touch the common wall. As to the sink. I do not know when the sink was installed or by whom.
I am legal guardian to the 60 year man in this villa. He is one of the applicants to our submissions. He has Aspergers and compulsive disorder. I installed the ladder in the garage as a safety measure as his villa has the very steep, dangerous ladder inside his villa.
“The OC tried to raise a special levy at the 2013 AGM to replenish the shortfall in the admin fund. The three owners, myself and the two other applicants (including my ward) strongly opposed that levy as both stated they could not afford a special levy.
This is a blatant lie. There was no such discussion. The Agenda: to raise a special levy of $10,000. To raise the levies. The EC, who have the majority, voted in a rise in the levies taking my levy to $1015 per quarter.
“Ms…. has stated in the submission that she has trouble with her vision and in unable to see the supports that have been placed in her living area, yet she drives a vehicle on a very regular basis. Ms……is currently selling her villa due to health reasons. We believe a couple of pre purchase building inspections have been carried out with not one building issue being raised by the building inspectors. In discussion with Mr…. on several occasions I have asked him what he thinks and his reply has always been “whatever Janet wants”.
(Mr… my ward, is fully capable of running his life and making decisions. He needs a lot of support as he has no family and I guess no friends. I talk to him every day and take him for outings on the weekend. If he said “whatever Janet wants” then it is out of regard for me. In particular he is most distressed that I have had scaffolding in my lounge room for over four months).
The Adjudicator’s dismissal: I have till the 20th May to appeal. But should I do this as I may now be seen as vexatious applicant.
There was some legal stuff in the application I do not like. But, of the six breaches listed. The main ones were:
A failure to manage the financial affairs of the OC
A failure to repair and maintain common property.
To condense this down a little:
The adjudicator says: The respondent submits that is has endeavoured to work with the applications in relation to the restoration and maintenance issues re the staircases which were built without the requisite approvals.
The respondent is still trying to work with the relevant lot owners about the responsibility and liability for the cost assoc with the repairs.
I am satisfied that the respondent did make an attempt to raise a special levy.
I am hoping the above will answer some of whale’s questions as well.
The OC were well aware of the stairs as a member, admiring the stairs in my villa, that her late husband had built the stairs. But recently told another member that no, he had only helped with a bit of painting at the end.
Spoke to the conveyancer this morning, she said that for strata she did obtain a S109 but that only meant a confirmation from the SM re the levies. That is did not mean a council building approval etc.
I did not contribute to the sagging. My daughter sleeps upstairs on occasional visits. The bed on on the far end, well away from the sag and there are double beams on that end.
This is a long missive and I have tried to put in what I think is relevant.
Janet