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It’s an unsafe worksite.
This is how I’d handle it:
Call SafeWork NSW ph. 13 10 50 and inform them of the immediate danger this unsafe worksite poses to the public, especially children.
Request a site visit by a Workplace safety inspector.
Complete the call with an email to the department officer with explanatory photos.
Copy in the Owners Corporation secretary and ask them to notify their insurer under their duty of continuous disclosure.
Jimmy T I agree with you that the Act is clear on how shortages in admin funds should be managed. However our strata manager simply decided to run the admin fund in deficit ( overdraft against the positive balance in the sinking fund). That meant neither the sinking fund paid the admin expense, nor did the sinking fund transfer $$$ into the admin account, thus s76 was not triggered to alert owners. It wasn’t until six months later at the AGM that the owners corporation became aware of a significant admin fund shortage (approx $1,000 per apartment). We still can’t find out when it actually went into “negative balance”.
Lawful or not, I don’t believe the Act intends for this “overdraft” to happen.
As the new treasurer , I’m being told its about to happen again. Can I say insist “no overdraft ” or whatever you want to call it, follow s71 and s76?JimmyT said:
I would think, in the meantime, making it obligatory for Owners Corporations to enforce their by-laws would be a major step in the right direction..
Great idea Jimmy T. Say the legislation was amended to do this – what are you're thoughts on forcing compliance on an OC not enforcing its own by-laws?
Speeding is enforced by the cops, not by me making a complaint, going to mediation, adjudication and then applying for orders.
Currently to get a party to abide by the law, you are forced to go to the CTTT and start a process that is adversarial, lengthy and stressful.
Much confrontation could be removed if a specialist strata department could advise on the law to the parties as it relates to an issue. This should solve most conficts.
I understand this is, in part, how the system used to work in the 'olden days'.
I'd be more than happy to pay a $50 levy per annum for a great, professional public service with a raison d'etre being to prevent conflict and fine recalcitrant parties.
I recently attended the OCN seminar “Repairs and Maintenance – Rights and Responsibilities”. Some of the funding for this came from the Office of Fair Trading ( an excellent seminar I highly recommend)
Some presenters stated that the absolute duty in Siewa has been reduced/modified by other decisions. However, I don't recall which cases they referred to.
Whether the EC replies or not:
SSMA s62 part 2
(1) An owners corporation must properly maintain and keep in a state of good and serviceable repair the common property and any personal property vested in the owners corporation.
(2) An owners corporation must renew or replace any fixtures or fittings comprised in the common property and any personal property vested in the owners corporation.
You have made the EC aware in writing of a common property defect which is clearly a health and safety risk to lot owners and visitors. If committee members were more aware of possible unrestricted liability for harm resulting from their failure to act on this issue (tort of negligence) it would be brave of them to ignore their personal liability. Remind EC members, individually and jointly, in writing, documenting your evidence of delayed access by emergency services and request that this design defect is repaired forthwith.
I agree with Jimmy T's suggestion to table your letter at the next GM with a motion to repair/rectify the defect