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G'day folks! Have recently joined this forum and have enjoyed trolling through some of the threads. I'm quite impressed by the amount of knowledge and the helpfulness of the experts out there. As to my initial post:
As a former Chairman of a Community Scheme, I was wondering if the similarities between Strata Schemes and Community Schemes are sufficient, whether there is any need for me to cast my net further afield?
I'd be seeking some guidance on noise issues, common land and by-law management, so would assume that there wouldn't be a yawning gulf between the two schemes.
Regards for now.
JL
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As curious as to what exactly community title is? You mention common land and by-laws. Does one find community title in one of those gated communities, with individual houses (ie no common walls) but with shared facilities such as pools, gyms, tennis courts etc?
You also get community title coming into play where a number of separate strata blocks share infrastructure like roads and drains or a park (like Jackson's Landing and Breakfast Point). There are specific sections of the Strata Act that deal with Community Title but Community Title per se comes under the COMMUNITY LAND DEVELOPMENT ACT 1989 which you can access HERE. Good luck trying to understand the connections – for that I'm going to defer to the excellent Strataman website which has been going even longer than Flat Chat (and used to run an ad above my newspaper column, making people think I was Strataman). Strataman has good basic information but, being a static site, none of the lively debates we get over here. Anyway, to get a very good rundown on Community Title and what it means, click HERE.
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Sorry about being absent for so long…
Where do I start? Some background: The estate is @150 Ha of which about 40 % is housing (126 lots) and infrastructure and the rest is fire trails/bushland at the foot of the blue mountains. Typical by-laws are in place, but no-one thought to include a by-law banning trail bikes and other RVs. The stock standard “peaceful enjoyment” blurb has been trotted out to curb the instance of trail bikes, but is difficult to enforce (as I can see from other posts). We have been unable to generate enough interest to force a by-law amendment (63%), but may try again in the future. As the trail bikes only affect those residents on the periphery of the estate, it’s difficult to get full support. I might add that we’ve had 3 KNOWN cases where ambulances have been called out to attend to injured riders, and the ambos are clearly expecting a fatality at some stage! Can the EC impose “no go zones ” for RVs on common lands, WITHOUT resorting to amending the by-laws? If so, I assume that a loaded EC can then reverse this decision?
Cheers for now,
John