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My unit is very close to the garage gate. The motor makes a very loud noise when it is operating. Closing my window and blackout shutter is not very helpful. So I complained it to the OC. But the OC doesn’t want to do anything about it, saying the motor is still operating, it is not failing, so that they cannot replace it. They actually got a quote for the replacement, which will cost about $2000. Another reason they gave me is that the motor is not common property, it’s just attachment. Is that right?
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Assuming this is the gate to the scheme’s parking garage, your Strata Committee is talking nonsense. Of course the garage gate opener is common property – if they don’t own it, who does?
Here are the fundamentals:
1. You are legally entitled to the peaceful enjoyment of your lot
2. A garage gate opener that’s excessively noisy is not operating correctly.
3. The owners corporation is legally obliged to maintain and repair common property.
4. The garage gate opener is common property.
I think your first option is to tell the committee to read the basics of strata law and do their job. Failing that, you can seek mediation at Fair Trading with a view to pursuing orders at NCAT under section 232 (2) of the strata schemes Act.
In very basic terms they can either repair or replace the gate opener now, or waste time and money fighting this, then have to do it anyway.
And if the resident bush lawyer on the committee argues some made-up law that means that the machinery isn’t common property, print this post and show it to them and the other members. Oh, and ask them, if it doesn’t belong to them, or anyone else, who will complain when it disappears overnight?
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Time your SM went back to strata manager school (if they ever attended). Point them in the direction of section 7b of Fair Trading’s Common Property Memorandum which defines what is and isn’t common property:
7. Parking/Garage: (b) electric garage door opener (motor and device) including automatic opening mechanism which serves more than one lot
Sounds like your strata manager is more interested in keeping the committee onside that doing their job properly.
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Would applying for a mediation via fair trading affect my admission to the committee?
That is very much up to all the other owners (not just the committee). The current committee might stand as a block to try to keep you out but there’s only an election if the owners at a general meeting decide to have fewer seats on the committee than there are candidates.
If there is any hostility at the AGM, explain to other owners that you are trying to save them money rather than cost them, as neglecting the legally enforceable responsibility to maintain common property costs more in the long run because problems get worse (and are therefor more expensive to fix) and then there’s the whole question of the social and financial cost of the committee having to be dragged to Fair Trading and NCAT just to get them to do their job.
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No – you can be a member of the Committee and have a dispute with the OC, no issues there!!!