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You tell me, please, Mr T. I don’t get. 

First, it’s a commercial thing / precedent, isn’t it? Does it mean anything to residential type stratas?

Second, won’t these lawyers stand to make money helping folks (sorry, caught that from KRudd) get things past the CTTT?

I truly can’t see why these lawyers would issue PR releases unless there was something in it for them. But call me a suspicious cynic if you like but please don’t get cranky.

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While I confess to not having a head for detail I have read all this and fail to see what a decision made about the Hunter Connection and it’s shops and restaurants has to do with, or can set a legal precedent affecting, us humble, down-trodden resident owners trying to get lazy, self-interested Executive Committee members and a Strata Manager who’s the same, to fix-up our building and it’s surroundings the way they are supposed to.

(With any number of OH&S issues round here there is a multitude of accidents waiting to happen.)

Might I politely but provocatively suggest the ‘strata lawyers issuing press releases’ may be, to quote the Minister for Fair Trading NSW, looking for an ambulance to chase? Or are they just issuing press releases out of the goodness of their own hearts? Are they are really concerned for us?

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My late step-father, a conservative, old-school, solicitor would have told you to run a mile. Advice like this on matters such as yours has saved me on quite a few occasions.

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Very good and thoughtful replies from Ex and Aust. I live in a cheaply built, late 60s block of 36 where all types of noise can be a problem at times; about half tenants and half owners; in a quiet neighbourhood.

Notwithstanding yours is a new building etc., a lot depends on the people living in your block. We have found over many years the best thing is to educate new residents about what to expect in terms of noise. What’s normal and what’s not. What is fair and what’s not. How to be considerate of your neighbours. This can be done quite politely, tenderly and logically. 

Good luck.

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Thanks very much JGOWT. I now know what I must do and that is be completely up front about what I’m worried about, since there are no EC meetings, agendas, minutes or correspondence in the file at the Strata Manager’s office and a real disconnect between the Executive Committee and the SM, in fact. They play good cop, bad cop, reversing rolls as it suits them.

As for getting on the Executive Committee, I was once, during a time when our building was well-run and looked good. But now it’s controlled by a clique who are hell-bent on reducing the levies (have done this twice) not spending money on keeping the place nice and they have an embarrassing proxies. As my topic suggests, they are about to blow big bucks on a major project benefiting mainly themselves. Thanks again.

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Thought I might try again now Flat Chat renos are finished:

Briefly, as an interested owner currently not on the EC and not trusting the current EC, what are my rights to be kept informed of what their plans are for an EGM, well ahead of the agenda going out, please.

I want to have constructive input at the front end of things rather than have to, say, go to the CTTT to try have a patently wrong decision reversed.

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If anyone’s interested I was told today by a lawyer (not an expert ‘strata lawyer’) that I could perhaps mount a civil case using as a basis the NSW Workcover rules about work place bullying. That is to say, the owner is on the Executive Committee and the EC (or the OC) and maybe the Strata Manager maybe vulnerable. To be continued.

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At my strata, an owner who is much less civilized and sensible than the rest got herself onto the Executive Committee. She harbours a grudge against me for reasons I need not go into except it relates to a legally and morally correct decision a previous EC made when I was a member years ago. Fact is, I sought mediation twice through the Community Justice Centres but she would not participate. That was alao years ago.

Yesterday, as we both returned to our respective abodes at the same time, she gave me the bird in an aggressive fashion for no immediate reason. Maybe she was drunk or buoyed by some other substance.

I have always suspected she is the schoolyard bully type. I would like to take some minor action to nip things in the bud such as write to the Strata Manager, the Chairman, the Secretary or something. I would appreciate any suggestion about what I might do.

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I really feel for you Oasis69 and thanks for sharing.

Here, for interests sake, is how my partner and I solved a particular noise problem in our strata, one of three in close proximity to each other. The following was sent as a leaflet but in stamped, mailed envelopes, addressed to Residents and Occupants. It has worked, at least for now. This was after getting NO help from the Strata Management Company who manage all three stratas.

Heading: Down With Doof-Doof! You don’t have to put up with it!

 Hello Apartment Dwelling Neighbours in 23, 25 and 27.

 Under the NSW Strata Titles Act someone else’s heavy bass you can hear in your apartment is ‘Offensive Noise’, a legal term, because it ‘interferes unreasonably with (or is likely to interfere unreasonably with) the comfort or repose of a person who is outside the premises from which it is emitted’. That’s a legal definition. 

 If the noise can also be heard in other apartments in separate blocks, as happens round here, there can obviously be no argument. It is Offensive Noise. 

 Check and you’ll find Strata Laws clearly state you shouldn’t make so much noise that it annoys your neighbours at any time. Even at 6pm the doof-doof you hear somebody else playing is almost certainly in breach of NSW Strata By-Laws because they operate 24/7 – there are no ‘curfew’ times. 

 Anyone who lives in an apartment in a strata building (especially in close proximity to other apartment buildings) and makes Offensive Noise such as this is inconsiderate and selfish.

 State Laws add a further layer of controls, in addition to the Strata Laws mentioned above. State Laws set times when you have to turn it down, whether you live in an apartment or a house. Again, in an apartment, you are subject to Strata Laws over-and-above State Laws.

 If you know who the inconsiderate apartment dweller is and can provide an identity and address, or just an apartment number, or if you want to share an opinion, send an email to xxxxxx.xxxxx@gmail.com. Use an anonymous email address if you have one but if you use your own email you will not be contacted and your privacy is guaranteed. 

 Also, don’t be afraid to let the miscreant know next time their noise is upsetting you if you know who they are, now that you’re aware you are ‘in the right’ and they’re breaking NSW Strata Laws.

 If you’re the self-obsessed doof-doof person yourself, you need to stop.

 And then there was the party which took place last Saturday night. Same apartment? We’d guess ‘Yes’. Too big a party! Too late! Too noisy! Why not just go to a pub or a club? When you live in an apartment with families, babies, kids and old people all living nearby in an otherwise quiet community, you just shouldn’t subject your neighbours to that sort of thing.  It is very, very unfair.

 

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Here’s an update on what happened at our AGM, if I haven’t bored anyone to death and I also include a request for a comment or two on a particular issue, if I haven’t stretched the friendship too much.

First, the solar panel motion was ‘deferred’ because there simply wasn’t enough information provided, nothing was clear-cut at all, especially costs and who was going to pay for the infrastructure and required by-laws. All Owners, or just those wanting to hook-up. And it wasn’t clear who they were. Someone asked if here were any ‘commissions or inducements’ involved and they were ruthlessly howled down, as if it was a very unreasonable and insulting question.

But there’s something which seems even more dodgy to me.

The Executive Committee, in the job through a proxy conga-line, wants a lot of work to be done fixing up a concrete common area (which has exclusive use car spaces, an issue I won’t get into now) and they sent out no plans or quotes with the agenda but had a few copies of a plan and just one of a quote for owners at the meeting to peruse. However they expected to get approval to spend very big dollars. As another fellow owner put it, that shows ‘great disrespect’ to other owners.

My memory of the meeting is, this issue was going to be held-over and another General Meeting would occur where quotes and plans would be sent out with the agenda so owners could consider them properly then vote on them at the EGM. I’m checking to see if my confidents agree with me.

Meanwhile, if anyone has the inclination to read the following agenda items and Minutes and tell me you agree it’s all a bit wooly, please do. Any opinion appreciated. Remembering there was nothing sent with the agenda, and really no chance to consider things in the, rather heated meeting.

AGENDA

 17.1That the Owners Corporation review the design plan set out for the gardens and consider suggested changes.

 17.2 That the Owners Corporation approve Stage 1 of proposed plan which looks at parking bay area new retaining walls and front garden path. (Plans to be tabled).

 MINUTES

 17.1 RESOLVED that the Owners Corporation reviewed the design plan set out for the gardens and approved these works to be done as per the plans tabled on certain conditions.

The plans are to be displayed at the building for all Owners and Residents to view.

The removal of the trees causing damages to car park is subject to Council approval.

The Committee are requested to look to spend to level of $40,000.00 This spending is to be monitored and input from Owners regarding the works, eg. Height of fences.

17.2 RESOLVED that the Owners Corporation approve stage 1 of the proposed plan which looks at parking bay area, new retaining walls and front garden path.

 

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Yes, new four grand by-laws were sent with agenda last year but they were heavily amended in 2012 AGM and haven’t been seen since. We are half tenants, half resident owners. Nobody knowing what the by-laws are Is a problem here for various reasons.

Strata Manager always chairs the AGM but isn’t the EC chairman. He always has lots of proxies; someone else, a tenant, also inappropriately collects lots of proxies from apathetic absentee owners. 

As I said, in the past the minutes have always arrived within a week. Now, for some tricky reason, this hasn’t happened.

I think I’ve said enough. Thanks all.

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Thanks ScotlandX. The very reason I am concerned to see the minutes is there were lots of wrong figures and lots of amended figures and the previously mentioned proxies, angst and contentious issues.

In particular, levies for both the Admin Fund and Sinking Fund were apparently wrong in the meeting notice and were amended on the night from what they were supposed to be, to new figures. If you get my drift. And I don’t have a head for figures, in truth, and usually show all this stuff to someone who has.

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Link to legal sponsor’s excellent article seems to go back to common property forum. Thank you for your advice, though, JimmyT, and hope you can fix the link.

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JimmyT, I just wanted to double check please. I believed until now, a by-law came into force straight away when it was voted in. Are you sure you’re right and it has to be registered before it’s in force, as you say? Two years is a ridiculously long time, eh!

And your “common law principle called something like fraud against a minority which basically concerns a majority of owners having legitimately (under the law) chosen a course of action which discriminates against a minority” is a great piece of information. Any chance of you elaborating on this please?

Both these issues a very relevant where I live.

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Statican mentioned DEFT and BPay; I once read somewhere there’s a hidden fee of a dollar or so in this, which goes to the big merchant bank who owns DEFT through an arrangement they have with real estate agency chains and very big strata managers. The plot thickens, maybe. Sorry about that.

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