Topic: Common Property Misuse Hazard

This topic has 3 replies, 2 voices, and was last updated 14 years, 4 months ago by .

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18/04/2012 at 5:38 pm #8084 Reply | Quote
dannii
Flatchatter
Problem

Common property balcony (walkway) used for all level 1 owners is blocked with pot plants its onlt one metre in length half of it has flowers you walk by an hit yourself on either the bricks on one side or the flowers on the otherside.

Complained to strata he advised the executive committee members to vote well they did and funny enough there is 3 members i am one and guess who the other 2 are the people that have the flowers so yes the vote in favour of having the pot plants even though it a hazard and there is no access to the railing to hold on to etc.

The strata manager says i need someone else to complain or to get them off the committee but it isnt that easy.
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19/04/2012 at 7:57 am #15365 Reply
mattb
Hello Dannii

If the walkway is only one metre wide and is common property, then the pot-plants unfortunately represent a tripping hazard: hence this has become a WHS issue and the OC is liable if anything happens, and the EC (particularly those who voted in favour of keeping the plants) could be personally liable under the revised laws. There are also laws about ability to egress in a fire (I assume this walkway is the only way in/out) as well Australian standards about the minimum safe width of a passageway.

Additionally, most bylaws have provisions about not storing items on common property/and or blocking access. It would seem these plants are in breach of both and can be dealt with via a notice to comply.

But, the easiest way to getting others around to a different point of view is to make it their problem from their point of view: explain to them that the OC will be liable for any injuries that occur as a result; explain that insurance premiums go up and that they may personally cop a fine or jail time or both.

If those don’t work (it sounds like your SM wouldn’t send a notice letter anyway given he advised you to vote amongst yourselves), use your EC position to raise the item at the next AGM, present your argument and get the OC to vote for it.

Good luck

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19/04/2012 at 4:03 pm #15372 Reply
dannii
Flatchatter
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Thanks Matt

The problem with these EC members is that think we said that it is ohs issue they called it legal jargon and laughed at it i have an email trail of all the stupid stuff they have said.

If only strata properties were governed by a strata law that cannot be revoked or removed by EC or OC things would be more simple, why have by laws if they can be broken by stupid EC members that have no understanding of anything let alone OHS and most of all commense i think i will get a photo and attach it here for everyone to see what i mean.

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08/05/2012 at 3:10 pm #15485 Reply
dannii
Flatchatter
Chat-starter
I like to add to this topic i recently sent an email to insurance advising them of the issue and also a photo of the common property obstruction hazard.

They have advised if the plants are not moved there will be a hike in the insurance policy now i am waiting on the OC to see if they agree with pot plants being on the balcony when it hite there pocket.

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Reply To: Common Property Misuse Hazard

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