[gbrownie]

Thanks Jimmy 

just one more question 🙂 

for Owners Corporations (OC) do Strata Managers usually attend NCAT and speak on behalf of the applicants? 

Or the strata Committee themselves 

lots of people have said our strata manager should have prepared the info and fought on behalf of the OC

[gbrownie]

We have three business days to submit an appeal 

7days for appeal seems like such a short turn around

given a members “opinion” not the law, ruled on the case would you think this can be challenged?

what is the process? Resubmitting evidence?  

I personally can’t go through appeal, but these horrible neighbours popping champagne and shouting off their balcony after NCAT was enough to piss off the block but I’ve invested enough energy.

we should have recorded their sounds but didn’t think audio was evidence as we had to submit folders not audio as our evidence 

 

so annoyed that we didn’t pay for a lawyer but at the same time if we paid I’d be more upset of wasted money due to opinions vs law being upheld by the member 

[gbrownie]

Interesting finding an article where the Supreme Court overturned a decision by NCAT that an owner could keep their illegal works 

 

https://www.lookupstrata.com.au/nsw-supreme-court-quashes-ncat-decision/

 

Would have thought that NCAT being a civil dispute platform that applicants and respondents didn’t need to cite cases to test the law and the decision could be made on the facts laid out in front of them and not an opinion 

Hopefully the more people who realize NCAT is a waste of time and energy for the good people to win then less NCAT members need to be employed to cast their opinions on matters. 

[gbrownie]

@JimmyT said:
Presumably your action at NCAT is to force them to restore common property or to pay for the damage and changes to common property then take responsibility for the changes they have made?  

Hi Jimmy 

yes it is to restore common property (windows and balcony door) back to sliding from bifold and penalty for replacing 9 other common property windows that now look 20% different from what was there before (shape and size is incorrect) 

they also did extra plumbing works and their builder said they were trying to cut a core hole with a jackhammer?! And slipped.

thats the reason why there is a hole in the concrete slab between the two lots 

the builder even put in writing that they covered the hole with a rag and concreted over the top, the lot below found water damage and the rags sticking out of their (my) ceiling and the lot owners are refusing the pay for damages as they said they simply deny all responsibility 

but that’s why I was trying to figure out if somehow they could use the loop hole of fixtures and fittings as the reason of them drilling into the slab to change plumbing 

[gbrownie]

@scotlandx said:
Plumbing is not fixtures and fittings.

Fixtures and fittings are things like light fittings, taps, carpets etc. Not sure why you would have a by-law for those.  

They also had a bylaw for window furnishings and then ripped out all the windows and replaced with their own saying they had approval 

– they still don’t have their window furnishings up 😛

we’re at NCAT next month but just putting in definition about fixtures and fittings and I was 99.9% sure I was correct just needed a sounding board 🙂 

thank you 

[gbrownie]

Thank you LP and SH

we went today and now have our matter adjourned until August 

however we need to update our Orders and do redo a paper executive meeting 

the respondent didn’t show up, however it was an interim order so they may not have received it as the works are still going this week after the order was sent.

I was a little naive in thinking I didn’t need some legal help, as we need to redo the data packs and print in colour and put into three folders, one for the principal, one for the respondent and for us, tabs showing each point etc 

but I had all the data and organized, however not to the high standards they expected today 

 

it’s stressful and my health has taken a turn with this matter but it’s incredible how many bylaws this lot has actually contravened 

[gbrownie]

we’re in a similar situation however we want to keep the appearance of lot.

One lot owner decided to rip out all their windows (common property) and change their balcony sliding door to a bi fold (pre 1974 block) 

They did all this without seeking approval and are trying to hide behind “damage windows” is the reason for the change. 

Its an interesting case as they went to an EGM for a whole range of things and never asked about the windows or doors. 

They’ve also changed the front door (fire door) to one of their own kind. 

Interested to see if similar cases have won at NCAT for the owners corporation to enforce keeping appearance of lot and making the lot owners change back the works they have done. 

It seems to be something talked about, but rarely ever done?

[gbrownie]

just adding to our bylaw breakers – not only have they done their windows and doors, they have now taken out their front door (Common Property Fire Door) and replaced with their own door

They said they’ll just pass a bylaw for all the breaches!

they don’t understand that it needs to pass and so far every owner is so angry there is no way this is passing

 

such a headache that we need to go to NCAT over this

anyone have any advice on what else we can do? 

[gbrownie]

@IFaulkner said:
I have a similar issue, so I wanted to give this a bump and add something.

Do I have to provide the tenants with a product that will be acceptable, or do they need to bring options that will then be approved?

Which is best or necessary?  

Our body corporate had a special strata meeting without the offending apartment as they have decided not to talk to anyone.

Our strata manager has sent a letter demanding that they use the same brand that the rest of the building has. This company was used in 1970 and is still in production 

but the main reason the OC are really upset is because not only did they rip out all their windows and balcony door, they have also done extra work outside the approved scope, damaged another lot by drilling into the slab into another lot and changed internal plumbing 

so all of this together looks like it’s going to get messy here unless they fix the common property ASAP 

[Author]

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