Forums Living in strata Current Page

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  • #8001 Reply | Quote
    Anonymous

      I have read quite a few times in Flat Chat recently and in the press, Mr Thompson, lately a much more moderate moderator, and lawyers particularly a Mr Teys and Mr Grace, arguing for more 'flexibility' in the NSW Strata Titles Act revisions as well as by-laws.

      For example '… there is a lot of flexibility in strata living, it just doesn't seem to have reached your building yet…' Mr T said something like this in a current post about cat mesh, if I remember correctly.

      I know why lawyers might be suggesting 'more flexibility': more disputes, more court cases, more fees for them etc., but Jimmy, why are you deserting us?

      We haven't achieved strata Utopia where I live just yet and more flexibility won't solve our problems. More stringent and enforceable rules and by-laws might.

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    • #15049 Reply
      Jimmy-T
      Keymaster

        I'm reading your post and wondering what the Hell I meant. Was it not just the other day that I was talking bout the CTTT judging matters simply on whether or not a by-law has been broken and ECs being compelled to enforce the by-laws that they have?

        And now I'm advocating 'felixibility”.  I can understand your confusion and concern.  At our recent AGM I had occasion to raise a point about a proposed (and necessary) by-law to formalise the restrictions in the building on whether or not you could install air conditioning. I pointed out (to much rolling of eyes and theatrical sighs) that the way it was worded meant that portable air conditioners and coolers were also about to be banned.

        It was a simple fix – change one word – but this discussion has made me realise that flexibility can be dangerous while rules that are too prescriptive can also be too restrictive and in ways that were never intended.

        And yet you'd like to find a happy medium where you could say that, strictly speaking, a by-law had been broken but, in fact, it didn't actually affect anyone.  Hmmm.  Already I can hear the thunder of hooves as  the selfish and oafish lead the charge for the loophole.

        I wonder if the answer is to give qualified permission. ie, we'll allow you to have your cat net provided you accept it's in breach of by-law X and no one complains. If someone complains, you'll get a notice to comply.

        Is that too flexible?

        Meanwhile, I'll mull over whether being a more moderate moderator is a good thing or not, and forgive Urban for Anglicising my surname.

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        #15050 Reply
        deliria1
        Flatchatter

          Or how about a by-law that state something like:

          Owners and Occupiers must not without written approval of the Owners Corporation

          (i) place or hang any item on the balcony of their Lot

          1. which is inconsistent with the use as a balcony or
          2. which is inconsistent with the aesthetics and appearance of the Building.
          3. Any fixtures/fittings (deemed appropriate by the Owners Corporation) added to the balcony/terrace are at the lot owners expense.
          4. Ongoing maintenance and removal of additional fixtures/fittings are at the lot owners expense.
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        Reply To: Flexibility in strata living? I certainly hope not!
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