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It sounds as if someone’s parking in contravention of your by-laws. Are you trying to get the OC to enforce the by-laws? What was the specific topic you requested mediation on?
Have a look at the strata plan of your building. I’d guess the parts of the walls that needs action (which will be quite low down, below your floor level) is common property. Even if the wall is yours above floor level, and that may be where the damp is evident, the bottoms will be common property.
I’ve had a look at the legals and must say that your Chair has a point. The NSW government is going to all this trouble because serious problems have surfaced in so many home unit buildings. It’s conceivable that the type of window proposed for your building is unsuitable or comes from a factory with a bad reputation. It’s also conceivable that you contract with a builder who takes short cuts. So the law intervenes to reduce the risk of anything going wrong.
However, our builder tells me that we’re replacing like with like and we don’t need the checks that your Chair suggests.
I’m still asking around, so watch this space. And keep prodding your strata committee for some action.
I think you mean the NSW Design and Building Practitioners Act 2020, no? Also, the Design and Building Practitioners Regulation affects you. Both depend on classes of buildings defined in the Building Code of Australia and/or the National Construction code. There are special requirements for windows – see s.118 of the Strata Schemes Management Act 2015 and paragraphs 30-31 of the regulation made under that Act and also the National Construction Code.
We’re in a similar situation. I’ll have a look at all the above and may then be able to advise. I can’t say your Chair is wrong but if s/he is correct then a lot of other strata plans aren’t complying with it all!
I can’t see why a monetary penalty would be appropriate. What you want is for the floor to be fixed. You want an order giving the owner a limited time (6 months, perhaps) to bring the flooring (other than laundry kitchen bathroom toilet) to a suitable standard. You could ask for AAAC 6-star which requires thick carpet on good underlay or settle for 5-star which is possible with vinyl if it has a decent acoustic layer underneath. Don’t be fobbed off by compliance with BCA – that’s not good enough. The order should require the owner to supply a certificate of compliance from a reputable acoustic consultant at his expense (think $1500).
That presumes you have suitable by-laws, perhaps:
An owner of a lot must ensure that all floor space within the lot is covered or otherwise treated to an extent sufficient to prevent the transmission from the floor space of noise likely to disturb the peaceful enjoyment of the owner or occupier of another lot.
Also, you’d better ensure you have a written complaint from downstairs.
According to a reader comment on today’s Sun-Herald:
One small example about buyers beware before they buy into a strata. There is new Regulation on the Strata Law that makes it compulsory to people in the Committee and the Strata Management to disclose all the problems in their building before they buy. I asked a strata lawyer who was informing us about the new regulation. Who would be fined if they did not disclose all the information to a future buyer if the people who are providing the information would be the ones fined? The Strata Lawyer responded that the Owners Corporation would be the one who will be fined.
Can anyone give chapter and verse for this if it exists?
Have a look in your Strata Plan. It will show how far above ground your owner’s property extends – perhaps 3 metres. If any of the roof impinges on the common property which is above that level, its owner will need an exclusive-use bylaw. Then tell the owners to get strata and council approval by the 30th of next month. If a by-law is needed, draft it and call a general meeting to consider it. Otherwise the roof comes down.
It sounds as if you want to grant exclusive use of the wires supplying each unit to that unit. And I note that some of the wiring is evidently not in serviceable condition.
You’d end up with a safer building if the Owners Corp organised all the electrical work. Why muck around with by-laws?
Before talking to your lawyer, read s.90 of NSW SSMA carefully and you’ll see that you might be able to get the OC’s costs charged only to the culprits, perhaps the committee members.
Before you ask the neighbours to do anything, make sure what you request will help. You might need expert advice. I’d guess you can’t afford the big-name consultants. Do you know anyone who’s worked in constructing a boardroom which had to be insulated from sound from the surrounding offices? Do you know anyone who is experienced with acoustic underlays for vinyl flooring? What about an engineering student?
Assuming you’re in NSW, what admin fee? The secretary or manager sends a letter and that’s it. If the recipient doesn’t comply, the OC might start NCAT proceedings by filing. The fee will need to be paid by the OC when they file.
If you’ve used a good solicitor to do your conveyancing, there should be a General Adjustment Sheet which shows adjustments for strata levies, council rates and water rates (not usage). Effectively you pay from the date of settlement. However, if a quarterly sum was not paid in advance you might be due a proportional refund from the vendor. There should have been meter readings for power and gas; the energy supplier will bill the former owner up to settlement date.
If you used someone else to do your conveyancing, the above might not apply.
Have a look at the registered strata plan. You’ll find his space doesn’t extend below the floor. So the tree’s roots are in common property and might damage pipes, wires or foundations. That’s grounds to get a VCAT order for the tree to be removed.
First of all, your by-laws can dictate what is and isn’t allowed on balconies as, in most cases, they are common property.
No, they’re not usually common property. The floor slab is common but from there up to the next floor slab (or up to a certain height such as 2 metres above the floor) they’re part of the unit.
But if the smoke is stinking-out other units, surely that would come under a peaceful enjoyment by-law.
You can attend. You can speak when the chair gives opportunity. You can’t vote except on a motion that requires universal agreement.