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If the tiles are fixed to an external wall, or the wall separating your apartment from the next one or a common area, then yes they’re fixable by the Owners Corporation. If they’re on an interior wall they’re the lot owner’s expense.
Since you are paying $600 a week you should expect to have a functioning kitchen and the basics such as opening windows and doors. It’s clearly not good enough to be living in the place when you have no concrete dates for these things to be fixed. The matters seem relatively simple for any competent tradesperson to fix within a few days at most. You should follow this useful advice from the Tenants Union:
https://www.tenants.org.au/factsheet-06-repairs-and-maintenance
Get your condition report in straight away, the sooner you list all the faults the sooner you can get action on having the repairs done. You are entitled to a rent reduction for the non functioning items, such as non-functioning oven. It’s up to you to determine how much this is worth to you, be prepared to negotiate. Keep a copy of your report and make sure the agent follows up promptly.
If your OC wants to raise a special levy then there is a requirement under Section 76 of the Strata Schemes Management Act that a General Meeting be held to approve raising of the levy. It’s not something the Executive Committee or Strata Manager can do off their own bat. You’d expect that in the notice of meeting you would receive complementary information on why the work was considered necessary and copies of quotes for the work. With that amount of money you’d expect also that a qualified building consultant would be giving a specification for the works to ensure that they meet current requirements.
The Owners Corporation has the right to allow the placement of signs as it sees fit. They own the common property, not the real estate agent selling the property. As an EC member I have always believed in allowing owners to facilitate the sale of their property by allowing them or their agent to erect a sign when requested. But we determine where the sign will go. Of course a lot of agents will just plonk a sign on the common property without the common courtesy of asking.
When the property is sold many agents would leave the sign there forever, with a sold sticker on it. It then serves only to advertise the agency, not the property for sale. In such cases I have had no hesitation in pulling the sign out of the ground and leaving it for the agent to collect. In one case I did this and the sign was promptly replaced by another with a sold sticker over it! In that case I rang the agent concerned and asked them to collect the two signs.
As far as legal ramifications are concerned, my interpretation would be that as long as you don’t destroy the sign or permanently remove it from the agent’s possession you couldn’t be charged with theft. In any case the agent wouldn’t want to be out of favour with the residents as a whole by instigating legal action. There’s no way I would bother to deliver a sign to the agent’s premises, they put it in, they can collect.
Under the Strata Schemes Management Act, an Executive Committee and/or Managing Agent has no discretion to relieve any owner of their obligation to pay interest on overdue levies, which is prescribed at 10% per annum. Relief from paying interest can only be granted by passing a Special Resolution at a General Meeting of all the owners. You are correct in that it isn’t fair to the other owners.
You are entitled to see the records of these payment plans. I’d be after the Managing Agent’s scalp, and would be retrospectively charging interest on the plans which are invalid, and follow up with debt recovery action where unpaid. Suggest get a new managing Agent pronto.
David
Refer to your tenancy agreement. It should be in the form shown here:
https://www.fairtrading.nsw.gov.au/pdfs/tenants_and_home_owners/residential_tenancy_agreement.pdf
That form makes provision for a start and end date. Of course 6 months does not exactly match up with a specific number of fortnights, and it varies according to when you took out the lease, and whether there was an extra day in February for a leap year.
From what you say the agent is wrong, they can’t charge you more than specified in the agreement, nor charge you twice for the same day. It’s a bit disconcerting that they can’t get these basics right. Ask to see the principal of the agency, if he/she doesn’t see reason then you could take the matter further for resolution.
David
Paul gives some good advice in his reply. Basically, unless this level (or stratum) is shown on the strata plan, then it is common property. By default any area within the boundaries of your strata plan not shown as part of a lot is common property.
At some time in the past exclusive use of part of the common property could have been granted, but to take effect this would have required a special resolution at a general meeting, followed by registration of a bylaw. If a bylaw for the roof space had been registered in the past you can readily request a search of your strata records at the Land and Property Information office.
Apart from the Strata issues mentioned by Paul, you could also run into trouble from the council if you modify the roof space for habitation without obtaining development consent.
DaveB
I’d think it largely depends on which state you are in. I seem to recall that the ACT had disclosure statements. But even there, where it comes down to purchasing a property, it’s largely a case of caveat emptor (buyer beware).
Once the settlement is made, it would be difficult and costly to prove that there was misrepresentation over the defect, and to receive compensation.
If your settlement agent was negligent it is possible you could claim restitution, but wouldn’t like your chances without a major fight through the courts.
Sorry to be so pessimistic.
DaveB
Hello Mitch
You need to address your complaint to Director General of Fair Trading.
It doesn’t really matter who is the present incumbent. You can forward your complaint via the Department of Fair Trading website:
https://www.fairtrading.nsw.gov.au/
Go to the Property Agents and Managers section, the drop down menu explains the licensing procedures and discipline provisions, and enables you to contact the department.
Regards
DaveB
Since I had a bit of a rant earlier today about real estate agents, thought I’d contribute a little more here. Open for inspection can be convenient for the real estate agent, but rarely for the owner. There is very little security for the occupant if a property is opened, the agent can have no idea of how many people are likely to turn up, and has no opportunity to watch what the people are doing when multiple groups arrive together. Though the agent will usually record names and contact phone numbers of those looking through, there are invariably no identity checks so names and or numbers could be false. It’s a bit like the for sale signs put outside properties, the slant is on promoting the agent rather than the property. Ever noticed how slow the signs are to be removed after the property is sold? – that’s because the agency derives recognition from the presence of the sign. In one case I removed a sign with a sold sticker which had been left for weeks outside my complex, with it only to be replaced the next day by another. I promptly removed the second sign and advised the agent concerned that we didn’t permit free advertising on our land. It’s worth reading this piece from the arch enemy of real estate agents Neil Jenman: https://www.jenman.com.au/BS_OpenInspections.php
Section 104 of the Strata Schemes Management Act requires that the minutes be kept for at least five years, though I’d personally like to see them kept for the life of the strata scheme for reference purposes. We’ve discussed at some length the issue of modifications to common property in this forum. If an owner is granted permission to make changes to common property, unless a by-law is in existence or created to cover the situation, the responsibility for ongoing repair or maintenance of the altered property becomes that of the owners corporation. Where an owner makes changes without permission, that owner could be ordered to remove the unauthorised changes or if they are accepted then required to apply for a by-law. If changes are made and the OC takes no action, then it may be construed that tacit approval was given. Hope that helps in clarifying the situation for you.
Hello ScotlandX
A Real Estate Agent would say that about the levies. They’ll say one thing to a prospective purchaser, and another to an existing owner. Anything to make an easy sale. I know that when I bought the villa where I now live it was only a couple of years old, and there was no way we could fund the requirements for our strata plan from the levies originally set. I recall that a 30% or so increase was needed, and naturally there was consternation from the owners when this was put to the AGM, but reluctantly this budget was passed and things have since settled down. There is a new complex in town where the initial levies are set less than ours, and there are such facilities there which will require more levies than we pay. The same thing will happen there a couple of years down the track, and as far as I can gather this is a common practice to set unrealistically low levies on new constructions. The gullible then swallow the bait when purchasing and cop a hefty increase a little way down the track.
I’d agree with you that proper budget management is the way to go rather than being influenced by sales hype of a real estate agent, if I could chronicle the rubbish I have been told by that “profession” I could fill a book the size of War and Peace.
If your neighbour has a fixed term residential tenancy the agent has to give 7 – 14 days written notice of an inspection. That agreement doesn’t mention whether he has to be at home, but a time span of 2 hours has to be nominated (unless in remote area). As I see it, there’s nothing to stop the agent or anyone for that matter looking at the front, but if they go around the back they’re most likely on the lot and could be considered trespassing.
The agent seems somewhat naive in admitting to a surprise inspection and discussing the state of the premises with you.
I’d be inclined to just let your neighbour know what you observed and let him take it up with the real estate agency and/or Tenants Union if he is unsatisfied with their response.
There is no statutory requirement for the management company to send out quarterly notices, though it is obviously not in their interest or that of the strata plan for them to omit doing so. It is normal efficient business practice to get the levy notices out in advance of the period to which they apply. They are entitled to charge interest on overdue levies, except there is a period of grace of 30 days before interest @ 10% pa becomes payable, back to the due date. There is no requirement to advise when interest becomes payable. Interest is required to be paid to the strata sinking fund concerned. The legislation makes it quite clear that owners who are unfinancial are not entitled to vote or stand for committee. Depending on what the minutes said, they may not necessarily be null and void, but when it comes to acceptance of those minutes at the next general meeting it should be moved that this abnormality be recognised.
Quite frankly if the management company can’t do its job properly I’d be looking for a new one without further delay.
Just to add a couple of matters – levies are payable not from when you move in, but when you acquire ownership. As scotlandx says, they will be adjusted as part of the settlement process. They are normally due quarterly in advance, with a period of grace of 30 days applicable before interest is charged. This is charged at the rate of 10% pa should you be late in paying, backdated to the due date. A budget is set at each Annual General Meeting for each of the Administrative and Sinking Funds, and your levy will be worked out according to your Unit Entitlement as a proportion of each fund.
You should take an interest in what is going on in your strata scheme, read the Agenda and notice for the AGM and try to to attend, if you can’t get there give a proxy to one of your neighbours. Too often people complain about the levies they have to pay, without them realising how the system works, or bothering to attend meetings.
Hope all goes well in your new unit! If you’ve any more questions this forum is the place for you, no need to apologise for asking questions.