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Start by obtaining a copy of the strata plan. You can get it on-line from LPI agents. Your solicitor might have one already although it’s probably in storage somewhere.
The strata plan is authoritative on where your allocated parking is. And implicitly the committee can’t cut off access to your parking.
You haven’t said when (or whether!) your property was brought under strata titles legislation. If before 1974, windows are a private responsibility. If after, an OC responsibility except if someone replaced a common-property window with something inappropriate the current owner of that unit should bring it up to standard.
In NSW, if you say you’re an engineer, that’s it. So TPOD should make sure to get certificates of currency of the PI insurances of all the experts who review this development.
If it’s level with your balcony and you’re the unit above, I’d guess the hoop is higher than will fit within the cubic space allowed. Have a look at the strata plan and you’ll probably find that anything in the downstairs people’s garden must fit between a plane 300mm or so below ground level and another plane 2.5 metres or thereabouts above ground level. Look in the strata plan, not the by-laws.
Fraud on the minority is a company law thing that probably applies to strata plans but there wouldn’t have been enough cases on it to provide a definitive answer. Who is the minority? Who is the majority? What is the fraud?
sorry, try 72 km/h. 40 km/h is just over 11 metres/second.
Jimmy, 20 metres in one second is 36 km/h.
Our rogue renovator has said he’s replacing kitchen cupboards. Maybe so, but the amount of noise made (some of it at night) clearly shows that much more is happening than replacing kitchen cupboards. We think he intends to put the unit on the market as soon as he’s finished. What can we do to ensure an engineer inspects BEFORE sale for anything that might jeopardise the structure?
It’s happening right now with us. If the loud banging means anything, a wall has been removed, probably separating the kitchen and lounge areas. One hopes that it’s not supporting the unit above.
The owner has lied to Strata Committee members, saying “we are not doing any structural works we are replacing kitchen cupboards” and is unlikely to facilitate any inspection.
Obviously, we don’t want to encourage this sort of thing. What should the committee do, noting that NCAT orders are not enforceable.
I’m cleaning-up a townhouse prior to settlement and don’t go there very often. However, I found a car with Queensland number plates parked in my designated space. I left a polite note on the windscreen. If it’s still there on Monday I’ll email other owners asking whose visitor it is.
Question: When does letting its tyres down become acceptable?
In post #3 above, scotlandx says two committee members were unfinancial and hence unable to vote at a committee meeting. I don’t understand that. I know that unfinancial lots can’t vote at general meetings except for matters requiring unanimity but committee meetings are different. Committee members have a personal duty to care for the property. This duty is nothing to do with being an owner and shouldn’t be extinguished by the fact of the lot that they often own is unfinancial.
Document everything with photographs then write to the OC asking them to fix it. If nothing happens, take the OC to NCAT. Later, if the OC doesn’t charge your neighbours for repairs, take them to NCAT again.
I don’t understand. Isn’t this repair a job for the OC? You didn’t cause the leak somehow, did you?
I’d guess you (i.e. the OC) need to gut the bathroom, treat any concrete cancer, re-top the slab, apply a waterproof membrane, then replace the fittings and re-tile.
Meanwhile, the unit is uninhabitable and they have to pay you market rent on it.
The tenant will have to stay with Mum but doesn’t have to pay rent to you.
Lady Penelope is very definitive in #2 above:
The neighbouring property is definitely responsible for the damage caused by the roots of their tree.
I don’t understand. Trees have been sending roots out for millions of years. Humans have been using clay pipes with shonky cement joints for a couple of hundred years. Nowadays we know that pores or small cracks in the cement pass moisture, attracting nearby roots which penetrate the cracks, enlarge the cracks, and then grow inside the pipe. So now we use PVC pipes joined with water-repellant adhesive which don’t leak at all. Roots simply don’t know the PVC pipe has water in it and go somewhere else.
So whose fault is the blockage?