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Topic
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(NB: this is NSW)
Hello strata gurus…
We’ve had an issue recently regarding a shared space in our small block of 12 units. It’s a small paved area of around 8m sq. adjacent to the parking lot and the clothes line that was described to me when I moved in as a shared recreational space. The area is also has a couple of garden beds that have been allocated, by agreement, to individual owners, even though they are technically common property.
Last year one of these owners removed some paving bricks and sank a plastic tub into the ground with a tree planted in it, despite having plenty of room in his designated garden bed. He also added several other potted plants outside the area of his garden bed. A few weeks ago he sank a second tub and tree into the paving. Understandably we were all pretty pissed off about this. The committee assured me they were trying to find a solution that maintained “neighbourly harmony”.
In the same area, I had placed a garden bench with built in containment for supplies such as soil and mulch. As there was no other seating in the recreational space I made it clear that anybody could use the seat. We also put our BBQ in the space, against the fence and next to another BBQ, with the permission of the strata committee. Note that my unit is on the ground floor and has no external space on the title. There is a narrow garden alongside our exterior wall and another small section just outside the loungeroom window. I expressly asked for and was granted permission to use this space for my own modest attempts at gardening.
In February he strata manger sent a letter that demanding that nothing be “stored”, “abandoned” or “dumped” in common property, and threatening to forcably remove things in the space. The letter did not specify which items had to be removed and did not specifically mention the trees or tubs.
I was not happy but I moved my garden bench to the small area behind my car parking space.
Yesterday I received a missive from our strata manger demanding I remove our “abandoned” BBQ. This letter demanded we remove the “abandoned” BBQ within 48hrs or have it removed, and be billed for the removal.
Our large, 4 burner BBQ has been in its position for the last 8 years, with the knowledge and permission of the OC. We have NO exterior space to relocate it to. When I asked the “chair” of the committee (who has been unelected in this position for as long as I have been here) what I was supposed to do he (metaporically) shrugged his shoulders… he has failed to engage my partner or I in any conversation about this.
My partner has now initiated the Fair Trading mediation process and I have just received an email from the strata manager stating that the area is not a recreational area because it isnot on the plan.
OK… sorry for the long background… here’s my question. What rights do I have to stop this madness????
I understand that she may have the right to do this under the letter of the law, but for over 8 years our small block had specific understandings regarding the use of certain areas that were communicated verbally – despite my attempts to proffessionalise the committee procedures.
One owners selfishness, and our strata managers seeming obstinance and all or nothing approach, has now spoilt this for everybody. Do I have any recourse at all??? Would a “fair and reasonable” argument work at NCAT?
many thanks
DAni
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I don’t want to fight with my neighbours but … any pointers on how to stick it up all of them????
Hmmm. Go in with that attitude and you are likely to lose. Even those who don’t want to get involved will join the defensive cluster. The two most compelling arguments in strata are how much this will cost owners if they don’t agree do it and how they will benefit if they do. The “we have always done it this way…” argument rarely passes muster, especially since, in the churn of new people in any block, many people relish change for its own sake.
Perhaps if you explain to owners that the strata manager has made several errors in pursuing this and you have been advised that you have a strong case which you intend to take to the Tribunal. If the strata scheme loses – as you are sure they will – the OC will have to raise a special levy to pay all their legal costs but it will exclude you. In other words, if they want a fight, they and not you will have to pay for it if they lose. The words “special levy” usually get people’s attention.
BTW, I am not suggesting that you will prevail at a tribunal, but if you are prepared to engage in a little bluster – baffle them with BS and blind them with bush law – you might get the majority of owners on side and that is all you need.
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You say you have permission from the OC (or committee)
Is this in writing? Do you have a copy of this correspondence , perhaps go back to committee meeting minutes (they have to be kept indefinitely so ask the strata manager if you can search them.)
You’re likely to succeed in any forum if you have been granted permission and you can show it.
(To rescind any such permission given in the past would require you to consent)
To rescind any such permission given in the past would require you to consent
Only if the permission was in the form of a common property by-law (which doesn’t seem likely in this instance).
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