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28/12/2017 at 1:32 pm in reply to: Can the Strata Committee Stop me giving my garage to a friend for free ? #28921
Would there be any difference if an owner rented out just his garage space, rather than the entire unit with/without the garage space?
I understand it may be illegal to wash a vehicle using detergents in any area when the run-off ends up in a stormwater drain. Car washes usually require run-off into an arrestor pit and to a sewer. Some require bunding to ensure the waste is contained. It is illegal to wash in the street.
@JimmyT said:
This, from a spokesperson for Fair Trading:I, for one, am not satisfied with this response. Why? Firstly, they don’t address the issue, just resorting to their standard response of pointing at the Act without explanation of how strata lawyers and an NCAT member could have got it wrong.
Also, the case they cite as proof that the new laws are working fine is the one that was heard under the jurisdiction of the old laws and is therefore irrelevant.
I mean, how stupid are these people – or how stupid do they think we are?
How do you know when politicians and bureaucrats are trying it on? When they answer the question they wish you’d asked, rather than the one you actually did.
At least two prominent strata lawyers have raised this issue. Once again, Fair Trading resorts to smoke and mirrors. Grrrrrr!
This sort of deflecting is not limited to Fair Trading; Transport is rife with it. It seems there is a book of speeches and responses which everyone from the Premier down learns off by heart. Ask the same question of anyone in the hierarchy, and you will get exactly the same reply. As above, it will probably not be the answer to the question, or even remotely related to it; just a torrent of self promoting garbage. Must be Government policy: don’t tell lies, but don’t tell the truth.
If you walk down just about any street these days, you will be subject to multiple filmings/recordings on CCTV. You weren’t asked to give permission. Same when you go into a building, shop, bus, railway station, etc. Anyone can take a picture in a public place, and you could just happen to be in it. Privacy laws generally only cover how the pictures are subsequently used.
The remote for my car has a much greater range if I point it at my head, rather than directly at the car (honestly). I don’t know if the same logic applies to garage doors.
One word of possible warning though. A few years ago, our garage door had a rather sensitive aerial and it could be activated from outside from some distance away. The remote has a single press button which will raise or lower the door depending on its current status. On one occasion an entering resident had pressed the button without actually being able to see the door from the street. But another driver had already opened the door and was about to depart, when suddenly the door came down in front of him. After the repairs, the aerial was “retuned” to reduce its sensitivity, and similar to the OP it does take some fiddling to get open from the outside at times.
If it is working inside the building, but not outside, it may be a fault with the receiver. Usually they have some form of antenna (or maybe even two) to pick up the signal. Perhaps you could find out if other residents have the same problem?
In your situation, I would suggest that you get a mail box at the local post office. That way no-one can access your mail. Find one that opens on Saturdays if you have difficulty getting there to pick up large parcels on weekdays.
The policy for our SP includes $100K of Office Bearers’ Liability, but it just part of a bundled policy covering everything, so it is not possible to determine individual proportions of the premium. I imagine most policies are like this.
17/07/2017 at 10:09 pm in reply to: Insurance Co forcing tenant to reimburse for damage to common property #27626Any insurance company will attempt to recover its costs from a third party it may consider responsible for causing damage. They don’t willingly just give away money.
In this case the driver/owner of the vehicle involved. Even if it belonged to a member of the SP, the vehicle does not belong to the SP, and I would not put it past the company to reclaim from that owner, or his vehicle insurance.
@Lady Penelope said:
I am not sure that I agree with Jimmy T and Sir Humphrey that storing a car in a storage area would be legal or safe.Storage areas usually prohibit the storage of flammable items. The storage of a car in this area could create a fire hazard and breach the terms of the scheme’s insurance policy. Cars contain flammable fuel.
I guess you would need to look at the by-laws regarding what type of materials are prohibited in your storage areas.
You would probably not be allowed to store bulk flammable liquids in your car space either, but fuel in a car is usually regarded as intrinsically safe. But there could be other safety issues involved, depending of the layout of the parking and storage areas. I wonder how many Plans have by-laws that actually dictate what can/can’t be stored in either area?
@Kendle said:
Watch out for your contents renewal. Mine due on 24th June, 6 days before FSL comes off insurance, still includes the full FSL of (for me) $72. If i leave the renewal for 7 days i will therefore save the $72..but have no cover for 6 days. Worth it?According to the FESL website
In each financial year, landowners will only make a single contribution to the cost of emergency services.
When insurance on a property is renewed at any time during 2016-17, the insurance‑based emergency services levy is the landowner’s contribution for the twelve months ending in June 2017.
When the FESL commences in July 2017, landowners will contribute to fire and emergency services funding for 2017-18. They will have the option of paying the FESL quarterly, to help spread the cost through the year.
So in theory it would seem you could owe this money whether you renew your insurance or not, as you have had the benefit of insurance for almost 12 months of the FY.
Councils already contribute to the operation of fire brigades, so I guess this is recouped transparently through rates.
Perhaps this amount will now be incorporated into the new levy, with an equivalent reduction in the residual rates?
Bollarding cars in would probably be as illegal as wheel clamping, which is banned in some states.
Giving keys to residents might work, but some are likely to take over a spot for their own use.
“On request” could be the most manageable but would require an SC member to be available at all times to unlock them.
The banks would probably also require the personal details of the signatories, same as they would for individual accounts.
Washing a car in the street is illegal, because of residue getting into stormwater drains. Same applies to any facility where water might get directly in.
Most buildings now should have dedicated wash bays, where the water drains into arrestor/settlement pits, and should empty in the sewer. Often they have to be bunded, or suitably sloped to prevent run-off. In heavy-use car washes there might need to a mechanical filtering system as well.
The EPA can fine people for illegal washing, perhaps also the property owner(s) if they don’t have complying installations.
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