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Hi Jimmy, im in Qld so things are obviously different in NSW. Im obviously not a professional in the area but assume im not too far wrong for Qld law. The live bylaws are how we relate to one another and the Act related stuff for the bigger stuff beyond that which is often handled by managers and committee folk. Relating to something small like a out of the way gate it would seem to be making a mountain out of a mole hill to spend too much time and money on whats in all instances seems a minor project.
Big call for your committee to instruct you to interfer with common property. Essentially without their ok/involvement you could make a total mess and then they will fight you or all the other owners will need to pay for it if its goes wrong later. Or if you wont be there forever just do it all yourself on the basis its probably going to be ok, you hope. If thats the route you take id get it in writing from suppliers, contractors and also have your committee sign it off to cover your tail if it does go wrong.
Bylaws are live by laws. They relate to occupiers living together and get referred to when someone does something offenses or disruptive. Your state’s Act outlines things relative to who can do what to your sites shared owned asset. Your committee is formed to administer the upkeep of the buildings and its global issues. Regarding your gate: it doesnt require a bylaw at all and to get it changed it should be preseyted to your committee for their approval and record of the decision to help the integrity of the building and help stop a bunch of individual owners all negatively and piecemeal fashion devaluing your building. But that said if they are nuts and no one sees it anyways, if you just swap it over they may not even notice its done. But if you do that help your own cause by choosing only something that complements the building and keep the old gate incase they discover it was you and demdnd the original be reinstalled.
You need list and photo of all concerns. This quantifies how things are. There might be as many or not as many as you first think and I’ve found doing that might give you some degree of peace at least knowing what you are dealing with. Asking others to contribute give opportunity for others to add to the list and aire their own concerns. If its individual owners at fault issue bylaw breach notices, if its committee responsibility review your State legislation to know where you all stand. Be forthright but as calm as you can and start with the things that will help you feel better if these were done and off your list. Somethings you can do yourself if they are minor or can be arranged simply and from which help your problems go away. But having been flustered for over 4 years with my own problematic old committee im now realising going hard is better than enduring things owners are entitled to and and paying for yet not receiving. Good luck.
Hi Gabrielle, yep you probably need to make mention of this as a by-law breach with the resident. If you leave it there for two long and it goes to adjudication you will be asked why you did not seek they uphold the by-laws before now, and it also becomes a precedent for others to use. In this instance, if it was just temporary you might turn a blind eye but if it’s been there now for what may be considered an unreasonable length of time (6 weeks?) you should further it. A friendly word if your committee is up for it is the start but if you feel not to you will have a administrative company handling your body corporate stuff so call them and ask for a copy of your block’s by-laws so you can cut/paste the applicable one in your correspondence to the owner (or ask your b corp manager to write and they will quote this when doing so).
Hiya, considering the real stress of buying and selling for most, and moreso for your friend, I wonder is only renting in the newer area and leasing out the current property (which would pay for the new rent) might be a more palatable first small step? If it works well he would be already settled in the newer area and then look to sell the original house and then buy in his new, or another area. Wish him well with it all, and good for you for asking for him.
I’m involved in two properties. One is a older, less than ideal run property with a body corp that’s welded on, does little, and achieves much less than they think, and the other a new lux affair that I don’t even know the body corp as it’s run so well there is zero need to engage with them. Having slaved away both on and off the committee and been undercut by the old chooks on the older property I’m over it and them.
The legislation says keep the joint well maintained so someone needs appointment to do just that, usually these are contracted out but often not to then be micromanaged by inexpert volunteers whose key role is to primarily administer decision making. And if you can’t get volounteers just pay up and get a professional to do it all. As is, some members will slave away and some will contribute little other than pursue only their agenda or stop creating value or enjoyment for others. I no longer feel the obligation to contribute. Many don’t and it’s not legislated. If they want my opinion or action I’ll happily give it 110%, but if they don’t they will soon enough be met with adjudication. Life goes on with the less stress the better, as it should without being intruded upon by idiots.
Of course you can directly discuss this with the neighbors involved, if, you feel it safe and productive to do so. Just keep in mind though that a kids job is to make a mess and make noise, it’s what they do, but the practice seems little appreciated by those of a different bloodline. Unfortunately, in these politically correct times you can no longer punish other peoples kids! So the direct the approach to parents as often as you feel to sure can’t hurt. Sometimes the people are crazy, some times compliant, and sometimes even unaware that it is them being a bad neighbour until you kindly advise them of such. Good luck.
On this issue, the horse has bolted so i wouldn’t bother with adjudication. They are not likely to replace the tree with another so what’s the point now that the damage has been done? – esp done by the book it seems. Sometimes the tree needs to be heavy trimmed or removed due to safety or pest control which thereafter looks different, allows more noise, and dust and other things not necessarily thought through beforehand. I’d think now, it’s best to make your displeasure known in writing and seek similar is not repeated in the same way. They do not need to consult you usually (in Qld) but you might ask them to favor you and advise/consult you should similar be planned again, and do mention any specific trees you think are worth fighting for.
In Qld, if you miss two consecutive meetings without writing an apology you are essentially disqualified and can be replaced by a fill-in without notice. My block has done that. The person didn’t show any interest or attend many meetings, or read any emails, including the one telling him as much. Then does his block (‘I wasn’t told’) at the agm meeting (that he had to be told was on). Makes you wonder why folks really bother applying for the role if they don’t intend to give it their best shot, especially as they may be keeping a better candidate off the committee.
I’d caution jumping on to your committee without first understanding the task and time involved. It’s a pig of a job to do well, thankless, prone to conflict and takes much more time than you’d think, and involves many areas that take a lot to get your head around. If your main few issues can be just addressed and you go on your way do that. If you alone get on your committee as well as with the numbers still in the current’s hands all you will achieve is your own frustrations, so if you want to try hop aboard I would suggest you get a few competent, motivated others there to also get involved. Good luck!