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[Wikitoria]

Hi everyone

We are located in Victoria and we recently purchased a new unit in a block of 8. We wanted to replace 45 year old air conditioning unit and giant gas heater with energy efficient split system. I requested approval through OC Manager, giving details of where the split system would be and it’s size. I asked if there was a precedent. Nothing in the AGM minutes or in the by-laws. Every unit in the block has done it differently – including some on top of a garage, which we were told was not structurally sound. Another unit has it exactly like we have installed it. Gained approval with no conditions or further questions. OC Chair saw the unit and had a meltdown. I suggested a cover and to paint the pipes. Automatic no. Went to try and talk to him in his unit and he was extremely manipulative, condescending and many veiled threats. Much later that night he followed my partner down the drive and questioned him in a very intimidating manner. Then I recieved a late night text. He also went to every other unit and showed a photo. I reported his behaviour to the OC Manager and she told him to back off. He has now raised a dispute with the OC Manager. He is claiming it is not what they expected it to look like and to their “standard”, and are concerned it has impacted the look of common property and will set a precedent. At the same time, our OC Manager gave us the opportunity to state how we see it. His complaint is short and looks like it is from AI. I now need to reply in writing in 14 days. My main points are that we provided information on what it would look like, size and placement – no questions or modifications required from their end and it was approved. Also that it is considered a sustainability item and they can’t deny on aesthetic grounds (and it was approved). Also that there is no documented or communicated standard anywhere. I’m going to point out where they are breaking their responsibilities around due diligence etc. Noted last night that OC funds are being used by him. My other concerns is that he is not being transparent with the other lot owners about his approval and he has stated he has recieved many complaints and we have upset them all.

I have 14 days to reply. We really just want this to go away. I know he has no leg to stand on as I have recieved advice. Any other thoughts?

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[Jimmy-T]

The original response has been deleted as OP hadn’t told us they are in Victoria. I am now leaning towards the chairman’s POV on this issue.

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[kaindub]

As JT has said in his first option – ignore it

A letter or email carries no consequence for you

Only a Notice to Comply has any standing, and it has to outline the by laws you have breached.

We all have different tastes and views, but if you had an aproval , in any form, you did the right thing.

When, or if , they issue you with a NTC , just sit on it.

Its then up to the OC to take it to mediation and to NCAT.

Its also up to them to prove they are right .

The other positive part if the OC takes you to NCAT, they have to pay the filing fee and then prepare a case. Most committees don’t know how to prepare an NCAT case so have to hire some legal advice, which means they have to get owner approval (as its likely to be above the $3000 threshold, even for simple advice.

If you win, then you cant be slugged for the costs incurred by the OC. If you lose the costs are split amongst all owners.

Just tough it out.

 

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[Wikitoria]

Really good replies, thank you. I am in VIC and there is also the “sustainability item” part that they cannot deny the unit on aesthetics alone. Regardless, I was explicit in what it looked like but he seems to be completely ignoring that.

I will think further about whether I bother to reply or not.

We are viewing this as an ongoing type of harassment. I did ring the non-urgent police line and they suggested I put a personal protection order against him due to his behaviour immediately after it. I mean the guy was outside our unit, approaching people he didn’t know about it (he didn’t know that my partner was an owner) and then threatening that it will be removed.

He obviously does not understand the legal framework in which he is operating. He is spending people’s levies due to not knowing.

I didn’t realise that if he breached us that he needed approval from lot owners. What is frustrating me is that he is not giving them the full picture. He is omitting aome pretty major pieces of information. Can I do anything here?

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[Jimmy-T]

Wikitoria wrote:

I am in VIC…  He is omitting some pretty major pieces of information.

He’s not the only one. Digging out that advice from NSW was a waste of time.

Please, folks, tell us up front which state you are in – strata laws are so different in each state that even referring to the wrong Acts can be dangerously misleading as well as a waste of time and energy.

I don’t think we could state it any more clearly that you need to tell us where you live.

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[Wikitoria]

Apologies, I am new to this site and it was not intentional.

Can you please elaborate on what you mean by leaning towards the Chair on this particular issue? Because I have read the Owners Corporation Act (2006) and regulations, and there are a number of similarities with the NSW legislative framework and Victorian Owners Corporation Committees obligations around due care and diligence, for example. Or are just referring to me omitting being in Victoria and being frustrated?

Again, apologies, I can totally appreciate this being annoying.

 

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[Jimmy-T]

Wikitoria wrote:

Can you please elaborate on what you mean by leaning towards the Chair on this particular issue?

It was a joke – my way of expressing my irritation.

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[Wikitoria]

Have also edited the original post to say I am in Victoria

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[Jimmy-T]

Wikitoria wrote:

Have also edited the original post to say I am in Victoria

Thanks. The fundamental advice remains the same – tell the chairman to either take official action at the tribunal (so you can defend yourself before an independent arbiter) or back off.

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[Wikitoria]

Thank you. I’m writing a stern letter at the moment in reply to the “dispute” he has raised. It’s still informal apparently. But I have each of his complaints and have read him back his obligations under the law. He is also ommiting a big chunk of information to the OC – which was our description of what the unit be, the size and where – which he approved! Also that there was no documented standard, or which he claims he is trying to uphold.

I’m finishing off with a statement about spending our funds on things that have no legal or factual merit. Also that we are viewing this as harassment, based on his behaviour.

Let’s see what that does.

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[kaindub]

Hey Wikitoria

My advice is don’t reply. You just give the other guy ammunition. It never ends well.

Just sit tight. Make the OC do the work. Remember anything said , and especially written can be used in proceedings. It  could be used against you, even if you meant good.

Your in the right, as far as we can tell from what you have said. It’s up to the OC to prove their side.

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[Wikitoria]

Hi all

Late last night we recieved a formal breach notice from the OC Manager – it is a different manager (same company) but is unlikely to be aware of the situation and that a dispute is in process.

We were breached for noise. Apparently neighbours have complained that the unit is loud and they can hear it. The complaint from the OCC is rambling and says all sorts of things about how it looks and its placement as well. There was a threat of VCAT .

In the first instance, I asked for the original written complaint, evidence of times and days that the apparent noise breach happened, the process the OCC took when deciding to breach, the notice be in the proper form and that we are given the proper 28 days to address this.

The neighbour who apparently made the complaint has been quite interesting. She initially complained to us about light as we had asked for some lighting to be installed as it is completely pitched black at the end of our flats. I reached a solution with her and got a much lower emitting light bulb for our porch light. She did mention to me that she could hear the air conditioning unit when I was testing it and it was on full belt. Since then, we keep it on the lowest fan setting and quiet mode. We also mentioned that we have asked the OCC to allow us to install a cover and we would put in special noise cancelling lining – but the issue is the Chair is not allowing any of this. I am genuinely trying to sort this out.

I actually doubt she made a formal complaint. Moreover, we are not actually in breach of the EPA noise restrictions. We only use the air conditioning unit in times we are allowed to. It is a large but one of the least noisy ones on the market.

My next steps are to:

1. Obtain a letter from the air conditioning unit installers about noise and placement.
2. Get a noise check completed by the local council. Interestingly, they will need to go into her house to check the noise levels – this will determine if she actually made the complaint.
3. Call the police (again) and potentially put a personal order on him as we have recieved two complaints in two weeks, he has tried to intimidate and threaten us, and I am genuinely afraid of him turning up at my house.
4. Contacting our normal manager who I have a good relationship with.
5. Checking with VCAT (again) and asking their advice.
6. Considering having an informal chat with the other OCC member as I have never met her and I want to get a read on all of this.

This is all now starting to cost all lot owners – and it is being taken out of the annual levies as the OC Manager is charging us.

I am genuinely concerned about how this person is using their powers. I know that they are not following the proper process. I am feeling quite unsafe in my home and stressed out.

There is also our reply to his original complaint, which was supposed to be an informal resolution process. That should be landing soon. My response was so dry, factual, boring and legal that it will probably put him to sleep.

Love any words of wisdom.

A reminder that we are in Victoria

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[Wikitoria]

Oh and I forgot to add. There is a vacancy on the comittee as the previous owner sold her unit to us. This means there are now only two members. I can’t get a lot of information on this but you are supposed to have a minimum of three. I wonder if only having two actually makes them invalid?

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