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[Nomorestrata]

Interesting question.

 

We are a townhouse complex with a single driveway running down the front of all the premises.  There are stormwater grates running across it about every 5m.

 

Unfortunately it was terribly designed and the grates simply float in their slot, which results in a loud clanging noise every time someone drives over each grate.  The OC tried to address it themselves previously by placing carpet strips under the grates but this has only been partially effective.

 

I’ve asked for it to be permanently fixed as the noise is enough to wake you up at night.  The feeling I’m getting is that it’ll be turned down due to cost – and the fact the OC is completely dysfunctional.

 

Can the issue be forced under the ‘quiet enjoyment’ by-law?  Will I (can I?) need to go to the CTTT if the OC decides that it doesn’t need fixing?  

 

Assuming it’s a noise issue, rather than an improvement, can the EC make the decision?  Thanks.

 

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[kiwipaul]

I’d consider this a repair rather than an improvement and so the EC could authorize (providing it’s within their spending limit).

Obtain a quote yourself and submit it to the Sec and ask them to put it to the EC to vote to accept the quote.

 

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[Kangaroo]

I agree with KP.

Don’t leave everything up to others, like the EC.

Being responsible for a strata sheme ain’t always easy. Even a small townhouse complex is far more work than a Torrens Title house, and the EC members probably bought into it on the same fallacy you did, that “a strata property is less work than a house”.

You figure out a solution.

You obtain quotes.

Present them to the EC for approval.

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[Nomorestrata]

The last owner who tried to take initiative was absolutely torn apart by the EC for getting involved.  That owner had asked for management quotes from a couple of different strata agents and provided them to the EC.  Thought he was being helpful, as the topic had come up amongst a few other owners.

 

The issue we face is that the EC doesn’t understand how strata works, which makes getting anything completed next to impossible.  I think I’ll risk getting a quote done anyway and ask for it to be decided on at the EC.  I’m sure they’ll say no.

 

 

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[scotlandx]

On the basis of what you say, the construction/design of the grates is defective.  If the EC has that kind of attitude, then perhaps you need to up the ante slightly.

If they don’t agree to do it, say to them that they actually have an obligation to fix it under section 62, and if they do not fix it you will make an application to the CTTT for an order to compel them to do so.

The fact that they put carpet strips under the grates means that they have recognised there is a problem, and that helps your case.

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