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You might need to write a Motion for your committee to review and vote on as to relocating the bins to a common part of the property and away from the area they currently are encroaching. This makes it a little more formal, and if they come back and say no the Motion failed, you then have something to take to the next level. In Qld if it were me I would seek adjutication to rectify your situation. Sounds a bit silly not to just shift them but folks don’t like change and therefor you need push back to make it happen. I’d also make a point of having your site boundary repainted to the correct spec also.
Most committee’s members don’t seem to know where these might be, let alone have read and understood them, refer to them, nor enforce them efficiently – as required to do so by their state’s legislation. A copy should be issued to every new tenant just so they are aware, and there is no real excuses. I refer to them as Live-By-Laws which helps to understand they are primarily about neighborly relations. Used well they really do help keep the peace and enhance neighborliness.
Jimmy, you misinterpret my words, I meant to state that needing to go to such or potential stress and drama to retrieve a public record that you are rightly able to access is a waste of time, particularly for you, for them, and for anyone else. It just shouldn’t be so time consuming and stressful and those who play that game should be criticized firmly.
I hardly think a bunch of randoms names and email addresses warrants a Fort Knox-type security response. These are public records and accessible by others already (politicians, local councils etc), and there’s nothing to stop you putting unaddressed information into the on-site mail boxes which you are required to have.
And why would them keeping these records necessarily be any more secure than the way you would? Legislation says the roll information is yours (as an interested party) to access, and to contact as you desire, the content of which is most likely none of their business.
You can’t Motion against legislation and you don’t need to Motion for it. It’s all a bit of a time-wasting nonsense really.
Adjudicators rightly view strata owner’s contact information as public records and available to ‘interested parties’ on application, which might include owners, agents, settlement solicitors etc. Withholding them is typically used as a ploy by the strata manager who knows this, or is required to know this, but they often try it on at the behest of the committee who doesn’t know their obligations to release it as requested or feel an aggrieved owner will use the contacts to tell a side of a story they disagree with – and on ‘paying a fee’ (which had value years ago when photocopying was required and before a simple pdf could be sent). Apparent misuse of any records given doesn’t come in to it and assumption that this may happen is no excuse.
I previously had this issue and stood my ground until they conceded after I pointed out the legislation says it’s to be made available to interested parties, that the strata manager’s own monthly online newsletter carried an article saying this very thing, that they had given these out to another owner just 3 months prior, that though I had credited my account for a nominal amount as pre-payment there was actually no real way to make a payment for an unsent invoice for the undetermined cost.
I filed an application for adjudication seeking the roll, and after they eventually conceded they sent it to me. After-which they wrote to all owners totally defaming me as of suspicious character and motive and to report me to who knows who for who knows what should they feel I was misusing the information. I considered personally suing both the author (secretary), and the publisher (strata manager) for defamation but decided I could live without further and on-going stress.
Commem, this might be details in your by-laws? Peruse these I’d suggest.
‘Yeah, sorry mate but I just rent here. Obviously, you need to take this up with who ever called you. If you come back to turn off my water I will need to call the police. Please do not contact me again. Sincerely, …’
Just on issuing a by-law breach notice… you have two options on this (in most states): formally ask the committee to investigate the possible breach, as is their duty to, and if convinced of such have them issue the notice to the resident. This is ideal as it removes it from your hands, involves others, and will likely be sent in the name of the committee and not in your name. It becomes an on-going committee issue to seek resolution of. But sometimes they don’t see it as an issue and you still do, so in that case you can issue a breach notice directly from you to them. Some folk aren’t comfortable to do such if they feel the resident is a bit of a vexatious nut job or you don’t want to feel singled out. In either case a notice needs be sent detailing what the issue is, when it’s occurred, and what by-law you feel is being breached. It’s a required thing as if it continues on and goes further down the line you need show you have issued such as part of you trying to remedy the situation.
In Queensland, at least, the law has been superseded by technology. The property manager won’t allow you a copy of the owner’s roll unless you first pay a fee for service. The legislation vaguely says a fee but not how much. But that’s all fine if someone was required to stand by a photocopier on your behalf but those days are essentially over and today you typically want and get a digital record in pdf form which can be produced in a few clicks. So flick them a few bucks for a copy to be sent, and they must do so, regardless of how defensive the manager or the committee may be in trying to deflect you from getting such – usually as they feel threatened you will use it to contact other owners about their theatrics or general silliness. But persist regardless as they are your records and you do have right to them. If you do attend the manager’s office I suppose taking pictures of any records hardcopy or screen will keep them guessing as to what your interest is and which might help keep the surprise in your court.
I’d just add that you are actually required to take the role back to the market after a maximum number of years, regardless of what any ongoing contract may state, or when it was agreed to. It’s about a 10 or 12 year max rolling engagement – check the legislation. It’s your good excuse that required by law to lose a contractor that has been there for too long. This makes sense, as your requirements may well have changed, your pricing may need reconsideration and some market competition might be what’s needed to see who-else is out there and allow for change that might well be long overdue.
A startling fact to realize is that your Strata Manager comes without need for any level of industry training or minimum understanding of compliance, nor is registered. The company itself might have the usual insurances but the person assigned to your account needs very little in the way of formal training. Industry accreditation is a option but is not a requirement.
Hence the number of issues such as you mention comes with very little recourse other than owners personally knowing the law and the requirements and ensuring these are followed. Left up to the Strata dude you can end up with issues such as you have. Firstly, they look after themself, then, the pander to the committee, then you might get a look in if the first two don’t get in the way or you stand your ground.
Sorry to hear this, but it’s not unusual.
First things first, shouldn,’t you first try discuss this with the lot owner? It might be temporary, or permanent, but they’d likely tell you. Knowing so allows you to roll your eyes and go back inside, or know more to act as you are entitled, which would likely be go then to your committee re the bylaw breach, if it is intended to be for longer than acceptable. Good luck!
You might consider getting the corporate roll from your property strata manager which by law you are entitled to receive (some states require you pay a small fee) – some committees will fight that but push back as you are entitled to seek it without question. That gives you contact info for others which you might then write to or call to see if they also have issues and are prepared to buy into it all with you. If the numbers are not there, I’d just line up your issues and start shooting one by one in the regular process and then go higher and to adjudication. If the numbers are there and you can get enough (20% of lot owners) you can force a EGM to get all this stuff aired, and have some costed/actionable motions to have voted on – which your committee are then obliged to do, and start seeking some more control, or at least let the committee who volunteered to do your work know that their ways need change. It’s all a bit of a long, stressful mess but if the issues are there nothing will happen if you don’t start to push back. Good uck!
For your viewing pleasure, and to see what adjudicators and judges have previously said on such issues, you might like to peruse the austli records database. It’s a great way to see the outcomes prescribed for all sort of things that have proceeded to court. You can search your State, and key words. Hope this helps arm you before hopefully preventing war. See… AustLII – Queensland Resources
I’d suggest, if you haven’t already, and you have a nice body corp committee (stop laughing, apparently they exist) that you first present the situation to them as theirs to fix, and demonstrate how affected you are by their woeful, horrible, PTSD afflicting decision that they have so very unfortunately made (google Larry David, for lessons). And to avoid further offense for their gargantuan mistake we will be needing to come to some arrangement – as in, new bigger trees to replace the-, the-, the- thing that remains. I would seek their commitment to fixing their oh-so-so horrible error, before you sully the collaborative agreement with anything so perfunctory as price. First try that, it sure will be easier on you all than going the other route. Or if it fails horribly might you even just stump up the cost yourself and wear it from hopefully your sale profit and be done with it (but beforehand, ask the agent if it will likely impact your sale as your own impression of the carnage may not be shared by new owners unaccustomed to its current state).