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In the specific case you have mentioned, common electricity cabling would NEVER be run through a lot owners property.
The lot stops at the floor level. Below that are common cables set into the floor slab. I don’t understand your assertion; a cable or pipe is common unless it’s in the cubic space of a unit and serves only that unit.
Condensate from the equipment will have to be dealt with. This might involve running electrical conduit down the outside wall to a garden or drain, raising appearance issues.
To clarify the electrical capacity situation, if an OC upgrade is required now, it must be budgeted for. If the upgrade can be deferred until other units want OC, one day someone will have to think about how it is to be funded.
How much current will the equipment draw when running at full power? Please provide a certificate from a licensed electrician that the current is available without modifications to the OC’s power supply.
Will any cabling that affects common property be required?
One more thing: Make copies of that part of the strata plan showing your car space. Get one laminated and fasten it to the wall behind your car. Hand the other copies round at the next committee meeting (the laminated copy will by then have been put into one of the red bins).
You won’t find anything in the SSMA about OC encroaching on private property. Instead, look at s.9 of the Strata Schemes Development Act which provides that the strata plan subdivides the land. You own that piece of land which your car (and some red bins) are on. By ancient law, you can decide who goes onto your land and how it can be used.
If you’re sure of your ground (otherwise engage a surveyor), move the bins out of your area to a suitable place on common property. Park your car close to the back wall so no-one can put the bins there and preferably leave the car there for a few days.
You might have to repeat all that a few times.
Also tell the manager to get lines painted in the correct locations.
21/02/2024 at 1:14 pm in reply to: Cost to repair retaining wall on common property and unit boundary #72808If it’s a wall, it should be wholly on the higher land and in your case that is the responsibility of your OC. If it’s on the border, then it’s a fence and I’d guess it’s common property and again the responsibility of the OC.
What’s usually done is to acknowledge that the thief is unlikely to return and explore the common areas. Who’d want to steal a few garden tools? Is anyone going to prowl around trying unit doors? There’d be a high risk of being spotted by residents and possibly photographed.
Your committee needs members with a bit more experience on the job.
However, your OC might consider upping the deposit on common-area keys so that people take more care of them.
18/12/2023 at 8:42 am in reply to: Neighbour storing junk in car space – should I fence her off? #71936It depends on the politics of your building. If her parking space has so many boxes that she can’t park in it, presumably her car is in a visitor space whenever she’s home. Are there only three lots? If so, to whom does your neighbour complain about visitor parking? Can’t that authority (the manager? the committee?) speak firmly to her about her own parking?
As for the chicken wire, do you mean a cage that protects your car? Otherwise, there doesn’t seem to be much point in it.
What happens to the boxes if there’s a flood in the shared garage? It’s presumably under the building.
Get a copy of the strata plan and study it carefully. You’ll find you neighbour’s airspace above the front yard only reaches perhaps 2.5 metres above ground level. Space above that is common property.
I haven’t seen it but if the top of your tent/marquee can support the weight of even a light human, it must be pretty substantial.
If the stickers are to show the inspection status of whatever they’re stuck to, removing them might not be a good idea.
08/12/2023 at 12:47 pm in reply to: Should agents step in if tenant can’t provide access for repairs? #71803Theoretically, the agent (or a junior from the agent’s office) should attend, let the tradie(s) in and hang around protecting the occupants’ property. I’ve seen that happen.
Kaindub wrote:
Usually under a strata management agreement, the functions of the chair, secretary and treasurer are delegated to the strata manager.
That’s an interesting remark. I’m not sure that the chair has any functions that can be delegated. The second schedule to the SSMA says that if present, the chair presides over general meetings. There’s nothing to delegate!
What else does the chair do? We’ll have to wait for the clarification promised in the next tranche of legislative improvements.
In a unit, wiring IN the ceiling will be common property. The OC is required to maintain the common property. That includes updates for safety or extra capacity needed because more people are fitting aircond and/or EV chargers etc. You can’t decline. And the OC has a right of entry to your unit for the purpose of maintaining common property although not for the purpose of stealing your valuables.
If you don’t already have a cheque account, better get your running shoes on. I’ve heard bank announcements that they won’t open new cheque accounts. Cheques are almost extinct.
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