[harmonious]

We have the same issue. A tenant refusing to move pot plants from a balcony wall over a walk way. Many pots have been found smashed on the ground. The WHS inspector didn’t identify it but the strata committee did. Now we feel we have a duty of care to do our best to eliminate this hazard or be liable for not taking action. The action so far

– risk assessment

– advised strata manager

– request via strata manager to owner of lot for removal of pots from wall.

Next step is to create a by-law and ensure the owners corporation has done everything they can in a timely manner incase we end up in a coroners court…
Definitely following this thread to see if there is anything else we can do.

[harmonious]

If there is no Fire Indicator Panel (FIP) being monitored with Alarm Signalling Equipment (ASE), keys to access premises are not necessary and will not be accepted by the brigade. Also if you do have the above equipment the choice is entirely the strata committee’s or owner’s Corp, if they want to provide keys to the brigade so they can access the FIP.

[harmonious]

Same for us… I rang the insurance company direct and they said submit all costs of repair with the plumbers report etc and they’ll assess it. This is exactly what I insisted the Strata Manager do

The insurer covered it… they paid for drying of carpet, floor board repair, cupboard repair, painting etc in 2 affected lots

The Strata Manager is not an insurance assessor so don’t accept their say so.

[harmonious]

Thank you… I’m trying to take on all your excellent advice. I really do want and hope for a amicable out come but bracing myself for a curve ball. 

I’ve reviewed all my attempts to inform the Strata Manager of our frustration in lack of service/communication and how we wanted it to change, but didn’t

I’ve spoken to all owners (except 2).

I’ve identified the Director of the company and written an email asking for a new strata manager. I was specific with some examples of lack of service and communication (there are so many examples)

I sent the email to all owners (except 2) for consideration. 

All owners (except 2) responded in support. 

I’ve given myself and owners a 48hour cooling off period then I’ll send it to the director. 

I’ll also attempt to talk to the Director before I send the email. 

Fingers crossed. 

Why change a strata manager and not the company? Because I’ve attempted that before and while owners acknowledged there is a problem, they didn’t want the hassle and work to change to something that could be worse and more expensive. 

Thank you again… the shared experiences make me feel better somehow

[harmonious]

Thanks Tess, I wish our SM had a pro forma for exclusive use but I think they know as much as I do… not much. At least I know what to ask for now… Exclusive use bylaw.

I won’t put my head in the sand but it feels like I’m the only one of the OC caring, having the battles with the SM. Which is probably true for most people on this forum. Thank you and thanks for this forum which provides support for people having battles on their own 

[harmonious]

Update

We met at the affected unit. Both occupants, Both managing agents and 2 Strata Committee reps. 

The upstairs occupant walked around barefoot and vacuumed.  The upstairs managing agent said ‘it’s louder down here than upstairs’.. they relayed this to the upstairs owner and a floorer is being sent to fix it. We all left the meeting happy with relationships intact. 

I now have some clear steps for how I would manage this issue in the future and if this one is not resolved at this step. Of course legal advice is always preferred and I am definitely not qualified. I’ve just had 1 experience but this is what I would do if this happened again. 

1. SC representative/s to met with affected occupant and hear the noise. Suggest to affected occupant to start log and collect recordings. 

2. Communicate with owners (OC) so they are aware we might be heading towards an EGM and/or Tribunal.

3. Explain to the responsible owner the issue and the independent observation.

4. If no resolution move to a meeting in the affected lot with both occupants, both lot owners or managing agents, and SC representative. 

5. If no resolution ask owner of affected lot to write to OC/SC for EGM to get notice to comply, acoustic test and action to resolve. 

5. If no resolution proceed to mediation with 4 week noise log, recordings, emails, meeting details and minutes. 

6. If no resolution proceed to tribunal ideally with acoustic test (still not sure who would pay for that)

Ideas for some of these steps came from Puddn’s post and Jimmy’s post. In particular Jimmy’s ‘Timber and Tile Floor 2010’

It would be great to see factsheets from qualified people with clear step by step or flow charts to help resolve common Strata issues harmoniously (or maybe I missed it) I think a factsheet would be beneficial because then the process becomes transparent, fair and clear for all to follow. It would prevent the resolution being stalled from personal biases and emotion.

Anyway I am hopeful we will have our noise issue fixed properly. Thank you Jimmy and Puddn. 

[harmonious]

Thank you,

We are meeting and a time has been agreed to. Both realestate agents, both occupants and two members of the Strata Committee. No owners of the affected units have committed to attending yet. 

Thank you Puddn we will conduct those tests. What physical evidence do you collect? Recordings or document of the meeting?

Jimmy the upstairs unit has had rugs put down and the tenants were requested to remove their shoes and still the issue continues. I will look up the legislation for Owners Corporation (OC) responsibilities… we weren’t advised by our Strata manager that we had legislated duties in this matter. 

Is the OC obliged to get an accoustic test?

Thank you this is very helpful. First time is very daunting and stressful but Puddn you have reassured me it can be resolved

[harmonious]

Roddy you are right. The fire detection system should be fixed so the system works not cost money.

There are many different systems and set ups. Some (properties) have sprinklers only, some detectors only, some only common areas, some is everything and some you can’t even fathom linked back to a monitoring company which sends the signal to FRNSW.

Servicing companies do get it wrong and if you are getting ‘unwanted’ alarms costing money then the servicing company should be contacted to provide a system that doesn’t give ‘unwanted’ alarms. 

I have lots of examples of poor service costing owners $100000s (that’s right hundreds of thousands) a year in fines. 

“FRNSW has a team of dedicated Alarms Assessment Officers who can give advice on strategies to minimise unwanted alarms.  For further information phone the FRNSW Fire Safety Compliance Unit on 02 9742 7400 or email alarms@fire.nsw.gov.au.”

copied from FRNSW website. 

Hope this helps. FRNSW first introduced fines along time ago ($250) so people would fix the problem. Once they had fixed it they could reclaim their fines. The Baird government put an end to that. I will stop now..

[harmonious]

I’m not an expert but if you are in NSW the fire brigade has a false alarm reduction team. I’m sure they’ll guide you through the best course of action. 

http://www.fire.nsw.gov.au then search ‘false alarms’ or look under ‘fire safety’ ‘workplace fire safety’ ‘automatic fire alarms’

email alarms@fire.nsw.gov.au

goodluck

[harmonious]

These are becoming a very popular parking solution and there are many in Sydney Darlinghurst area. The systems are only getting better, however they are not (were not) properly covered in the BCA/NCC. I believe this is being (has been) rectified due to the extreme fire risk they can pose if the right fire protection is not installed. I can list a few buildings that have huge ones that take 20-30 cars. 

[harmonious]

Thank you for your responses and very good advice, and I realise my strata issues are very minor.

This is where my scenario is heading

The SM won’t refund the cancelled EGM fee, nor the meeting fee for the cancelled 2014 EGM. Their response was it is the law so we can. The other owners think that is wrong but it is only $110@ and the manager is “lovely and friendly”. Im trying to get momentum to move to another managing company but it looks like its not going to happen. “Only you have a problem with the SM”. The SM is insisting on a 3yr contract and none of the new legislation requirements have yet been met (declaration of commissions, 10yr plan, bylaw reviews etc) and still the owners just think the SM is “lovely”… The SM sent a letter to say they may call 2-3 EGMs at the OC expense to comply with the new legislation at the SM whim… “but they are lovely” say the owners…My hands are being tied… very disappointed.

[harmonious]

Thank you, I was wondering if I was being unreasonable, if I was out of line.

This is the second time that our strata manager has done this.

In 2015 they called an EGM about a $1000 bill. I called them, we cancelled the EGM as the EC was allowed to make a call on bills under $2000 without a meeting. The EC told the strata manager to send the bill to the building next door as it wasn’t ours. When I asked why they didn’t call before sending an agenda the answer was they didn’t have too. I should check to see if we paid for this meeting too.

This time it was about their managing agreement as they didn’t include it in our AGM. “They were too busy with the new legislation to make a phone call”. We cancelled the EGM and requested a 3 month extension. We were going to need 3 extensions to reach our new financial year. We are now having an EGM as we need $12000 of roof maintenance. 

They want us to renew their contract for 3 years. Ive requested that we renew it until the next AGM only. I also asked to add to the contract that the agent cannot call an EGM without first contacting someone from the strata committee. Am I allowed to do this? or should I round up the other owners to find another manager? The other owners are reluctant to change from what they know.

[Author]

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