[demonaz]

Hi everyone, just an update. Had our AGM today. Raised the issue with neighbour along with strata manager. Response was…. Scary. Neighbour was defensive and aggressive to the point of making threats and using large amounts of profanity. I believe he felt like the victim as if we are trying to force him out of using the ‘privilege’ he has had for the last 10 years. I regret the situation turning out like this and hate to be at war with neighbours, but I can no longer tolerate blatant disregard for by-laws and must look out for my own interests. 

The strata manager said he can try sending the neighbour letters and after that the mediation process etc. He did raise that the i can apply for mediation personally or have the owners corporation apply. He said the case would be stronger that way. I don’t know if this is the case….

Anyway, it seems like it’ll be a long hard battle from here.

Again, any advice or just discussion would be helpful! Thanks!

[demonaz]

Thanks for th advice! Will keep this thread updafed.

[demonaz]

Thanks jimmy. I realise that this could be very long process that will most definitely damage neighbour relations but I can’t let this continue any more.

just wondering, should I have a strata lawyer help me out with the mediation/NCAT process or is it generally doable by a layman?

 

 

[demonaz]

Hi everyone thanks for the advice! 

 

I’ve got another question. If I get to the stage of issuing a Notice to Comply, how is this done if the strata manager does not have the delegated authority? there are only four units in the scheme and the owner of villa 3 is most likely on the EC. 

 

Thanks for the help! Will keep everyone updated. Haven’t heard back from the SM….

[demonaz]

@Whale said:
demonaz – that’s a good approach so long as an informal discussion with whoever is present after the conclusion of the Meeting will resolve your issues, but if you want those issues to be formally resolved, then the only way to do that is to submit an Item to your Executive Committee Secretary or Strata Manager (whoever is organising the Meeting) for inclusion on the Agenda for the AGM.

Good luck with whatever approach you take.

Thanks Whale. As you said earlier, it could be too late for inclusion on the AGM agenda. If so, I’m assuming I can pursue the Fair Trading mediation option?

I’ve yet to hear back from the strata manager. Will ask him about the AGM on Monday if I don’t hear back.

 

[demonaz]

Hi guys, thanks for the advice and input. Yes I’m in Sydney, NSW.

I’ve already emailed the property manager for a copy of the by-laws. I just checked the contract of sale for the title search certificate. It states in Schedule 2: “Attention is directed to the residential schemes model by-laws contained in the Strata Schemes Management Regulation applicable. At the date of registration of the scheme – keeping of animals – option B has been adopted.”

And that’s it for by-laws. So I’m assuming no other by-laws, including exclusive use of common property has been passed.

To make matters worse, it seems that the neighbour has started parking his other car in front of his garage, making access for me even more difficult. I wonder if this is permanent or only just temporary. Either way, despite not wanting a confrontation I don’t think I have any other choice. The AGM will be a good opportunity to discuss this in the presence of the other owners and the strata manager.

[Author]

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