Forum Replies Created
-
Replies
-
If your local council has a tree preservation order covering your area, someone will need to persuade the council inspector that the tree should come down.
There’s also the question of money. Installing a EVSE device to ensure no-one overloads the power supply will cost money. And there’ll probably be a periodic licence fee for the software in it and perhaps for occasional updates.
Lastly, are you sure the other 8 units will be happy to pay for your electricity while continuing to buy their own petrol? If they aren’t perhaps you’ll also need an EFTPOS device wired in.
The door is common property and so is the lock. That doesn’t mean that the OC has a key to it nor that the OC regulates keys. I tend to agree with the word “rort”.
TonyC, when you say buy a large humidifier, surely you mean a de-humidfier? It extracts moisture from the atmosphere and has a large tank which must be drained periodically.
That’s just what’s on the strata plan. Turning to the real world, the top of flagpole should not be higher than the ceiling of lot 5 – any excess is an encroachment onto common property. And any flag on the pole can be no more than 1.5 metres across otherwise the wind will blow some of it into the common property around the flagpole.
The question isn’t whether it’s a necessity or a nice-to-have. The committee cannot approve a change to the infrastructure. However, the committee can approve projects to maintain the common property unless limits have been placed on the committee’s powers.
The document you need is called (in NSW at least) the strata plan.
I’d guess it shows that your courtyard is yours only down to ground level. The underground pipes are in common property and therefore should be maintained by the OC even if they only supply your lot.
If the special levy was expressly for that project, that money can only be used for that purpose. I don’t understand how the levy can be struck and collected and then a GM calls the project off.
If the strata plan doesn’t show the lean-to as part of a particular lot, then it’s common property. From what you say, there apparently isn’t a by-law granting exclusive use to the relevant lot either. So the OC is responsible for removing it. Alternatively, the OC could leave it there and use it e.g. for storing gardening tools.
Sell it anyway. The contract of sale shows that the purchaser takes it with all faults, patent and latent. Note that the purchaser has more protection buying a handkerchief than buying your property.
As for fixing it, you could spend thousands tracing the water penetration without resolving the problem. Is the dampness worse in wet weather? If not, perhaps the damp comes from a pipe somewhere.
If your brother is in NSW, they can only charge reasonable costs of recovery. Someone should point out to the strata committee that a trip to the Tribunal could see all the fees etc. overthown because they weren’ reasonable in the circumstances.
If you’re in NSW, the strata manager cannot receive a secret kickback or commission – see sections 249B ff of the Crimes Act.
If you’re in NSW and your plan was registered after 1975, all the window is common property. That’s the frame which is set in the wall (the wall will be common property), the moving bits, the panes, the lock/opener/limiter/other.
Simone, pipes in a common-property wall are common property.
According to Google, the Building Units and Group Titles and Other Legislation Amendment Act 2022 was introduced to amend the Building Units and Group Titles Act 1980 (BUGTA) and the Mixed Use Development Act 1993 (MUDA).