Forum Replies Created
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Hi,
Did you have a strata search carried out before you purchased the unit ? This would have uncovered the status of the strata scheme and the history of the property.
Kind Regards.
Digby.
Hi,
If bylaws are not in place to explain the common laundry use in the complex, I suggest a special meeting be held between the major stake holders of the complex and create one. And circulate a copy to all residents of the property and post on sign board.
The EC member can’t decide on such matters without the consent of the majority.
Yours Sincerely,
Digby
Hi,
If the tree falls and damages their property it could be a blessing for you. It is a costly process civil procedures to resolve some matters which may seem normal.
Assuming you have evidence of tree damage on your property for example entering waste drains, effecting the structural foundations of your building, garden or foot path & fallen branchs
Endangered species, most councils would not approve of the removal unless you can prove the above.
Keep copy of all communication to there OC. Arranging discussion is one thing, how they react is another.
Good Luck.
Digby
Hi,
Your strata managing agent with consent from the executive committee should be able to issue a penalty notice in breech of the bylaws on your strata scheme to the offending neighbour. Forms available from Dept Fair Trading Keep written records of conversation with the neighbours and images of rubbish.
Kind Regards.
Digby
Hi,
The OC are responsible for the roof repair, assuming it isn’t covered under new building construction warranty. If the OC member unit had been effected would this change their attitude, either way the roof repair should be carried out before any further damage to any property on the strata scheme.
It is a sad fact that legal fees from such disputes do come at a price to admin expenses. Which as u are aware they may have to raise a special levy to continue the fight.
Are the majority of major stake holders for or against the repair ? Surely most would wanted it repaired and stop this stupid fight. it should have never esclated to this level if the engineering report states air/con install had not caused the water leak.
Suggest move motion at special meeting of the stake holders as it is part of there strata scheme in joint.
King Regards.
Digby
Hi,
If your a current financial member of the strata scheme you are entitled to be advised of any matters which effects the common ground of the property in joint.
The strata manager agent should ownly act on the lawful direction from your EC or advise on state reg’s.
Your EC has limited power to act alone on expenditure with out the majority vote.
Regardless of the invasion of privacy quote from other body corp member, you can vote them out and change the agent if the majority consider it to be in there best interest.
Kind Regards.
Digby
Hi,
The common area of the roof structure is owned in joint by the members of the body corp of there strata scheme. They have a say in joint as to what is acceptable. No one owner of the scheme can install any item on the buidling structure without the consent of the majority & close neighbours & local council regs for hot water, solar panels, saterllite dish.
You are correct in question 3.
I hope this may of been some assistance to you.
I voluntary assist in the admin of a strata scheme and have lived in strata schemes for approximately 20 years.
Yours Sincerely,
Digby
Hi.,
Good luck with your mediation. Taking people to a meeting is one thing but sometimes the outcome may not be what you expect. My advice remain calm regardless of insults etc, steer the discussion to the problem rather than the emotion of the situation comes with experience when confronted with such situations. Made sure you evidence as to how you going to control your pet within the strata scheme.
Guide dogs and cold fish are about the only allowable pet in most strata schemes in nsw. Most strata schemes will not allow pets such as dogs, chickens, snakes,spiders.
The OC of the scheme may impose strict restricts of your animals in the common area of the property.
Kind Regards.
Digby
Hi,
Are the 2 garages in a separate building on the strata scheme ?
A strata scheme in new south wales is responsible for external roofs, door, locks. paint of all building structures. I have lived in stata schemes for about 20 years.
Kind Regards,
Digby
Hi
If it is a recently constructed strata building this should be covered by the new building warranty insurance from the construction company.
The surface area between the upper & lower units are responsibility of the OC of the strata scheme. The strata manger agent, only acts under lawful direction from the OC executive and advise on some state strata regs.
There for with evidence you have and quote for repair arrange special meeting with the body corp members seeking the majority approval. Even though this may not been budgeted for from the previous AGM. The executive may attempt to claim this on the strata insurance. You have a valid claim form the strata scheme for repair of the damaged ceiling. Regardless of how the strata scheme pay for this repair. Instruct agent of there request.
If this fails, commence mediation with DFT, keep written records along with potos of damaged ceiling of all decisions with this matter.
Kind Regards,
Digby
Hi,
1)In regards to your leaking water issue if this is coming from the common wall of the property, this is a body cop issue. They may use the strata insurer to recover cost of repair.
2) You would require copy of strata building plans lodged with local council for development application of the lot. Possible mediation with the owners corporation to resolve the issue.
Kind regards Dig
Hi,
If the new building warranty period has expired. I suggest contact you strata insurer to evaluate the situation. Act on there advise, as it would be became a costly process to prevent the water entry to the under cover car park area. Going it alone would require a structure engineering report with regards to the problem.
Kind Regards Dig
Body corp created ? You have executive group assuming, acting on the owners behalf ? A strata manger agent is only regarded as an employee to a scheme. The owners must take the action to make them agent comply with the owners request. What have the owners done in arranging a meeting to discuss this matter and decide to find course to replace them. They can’t do much on there own. I suggest you guys find another strata agent and if you wanted to follow up with the conduct with dft.
Within the 4 year period what have the owners done, far as agms ?
The agent can’t arrange special levy without the consent of the major stake holders of the scheme. Remember the agent works for you not the other way round.
Either way the cost is going to come from body corp funds. It would be more cost effective to include this as part of the overall project.
Hi Catch 2-2,
I voluntary assist in the admin of a strata scheme in the northern districts of sydney and a registered strata manger & real estate manager, and completed onsite property manager course.
As the unit is already fitted to exterior wall of the building without strata body corp consent they may object. Or request it be remove if they consider it is not adding value to their strata building.
I would suggest you friend read a strata guide from the local library as to starta living requirements, bylaws etc. All areas which are not contained within the unit lot entitlement are regarded as strata scheme, owned by all the major stake holders in joint.
I suggest a letter to the chairman advising as to why the air con was installed, about hot weather or some evidence of medical condition. They may allow it to remain, But it is up there body corp members.
Yours Sincerely, Digby