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Speak to your property manager if they even want you there.
These matters can get emotive and as an owner you may respond in a way that won’t support your case.
The PM handles these things all the time and will focus on the appropriate arguments and resolution.
I had one of these matters in VCAT many years ago and the PM advised me of the matter going to VCAT and noted I wasn’t required. I didn’t attend and the matter was appropriately resolved in my favour.
If you own the apartment of course you can. Just get the barrel rekeyed and only give a spare key to a trusted person who will respect your wishes regarding access.
If you’re a tenant then you’ll need to get permission from your land lord through the agent (if applicable).
However, in the first instance retrieve the keys from the building manager with an assurance that they haven’t been copied. Once returned let them and their superior (maybe even the whole BC) know that the BM didn’t follow your instructions regarding the use of emergency access.
this is what has been forgotten in the bold new world of car ownership, in Sydney most units are old, in the block I live everybody has been limited to about 25 watts, turn on 2 heaters and the kettle and it is another run to switchboard, not fun on a rainy winter night, and are they doing anything about this in those monstrosities being built to warehouse the population, the size of 2 suburbs in the 80s now covers one block, and there are many being built with no interest in the future, just what can be squeezed out of the dollar now!!
A number of huge red flags here:
As noted in the [original] email venues are reluctant to host these events. If the professionals don’t want to touch it why should you?
Where would the guests go to the toilet?
Who will clean up afterwards? There will inevitably be huge amounts of alcohol and probably illicit drugs.
Where would the residents park their cars? And who will pay for any costs? Or if they leave them who will be responsible for the inevitable damage?
As noted by Jimmy: How much security will be provided?
And how will they know who has a legal right to be there? I.e. guests and residents? Will they prevent unauthorised people entering the residential areas?
Does the host have public liability insurance?
Just to really convince you that this is a really bad idea go to the local police station and ask them about 18th birthday parties held in semi-public areas. Maybe even mention the name of the resident and see if their eyes roll.
Oh and if for some reason you decide to let them proceed, see if your insurance allows for this type of function and whether or not a riot by invited guests is covered.
It has been contentious in the media of late as to whether recycled can and bottle bin contents are actually recycled – or just dumped in landfill.
With a recycling depot/shed nearby at the local Coles, schoolchildren have been raiding bins in my street to claim their 10c on each item.
I don’t see any problem with this, as long as they put anything they don’t want back in the recycled bin. I don’t see this as any different from the bi-annual general clean up where people throw out unwanted bicycles, couches etc. and anyone passing is free to help themselves.
@Paul2000 said:And we paid the price??? What are you talking about actually?
You are obviously not an owner and also have no regard for any laws which don’t suit you.
What I’m talking about is that you’ve paid an emotional price in an adversarial encounter.
When the tenants signed the lease they should have been given a copy of the by laws so they knew what the expected behaviours were for residents, owners and tenants alike.
Did you address their blocking the driveway on arrival? If not then it is arguable that they have a realistic expectation that a temporary disruption is acceptable.
I don’t think it is reasonable for the truck to park ‘a short distance away’ when there is a driveway they could use temporarily.
Would you park there when moving out? If not then why do you expect a tenant to do so?
@Paul2000 said:
For the duration of their tenancy they have been nothing but difficult and over impressed with their self importance. continuously lodging complaints with the owner and the Owners CorpOne of the joys of being a Secretary is dealing with difficult people.
As an Owner, and Secretary of my Owners Corp I get to deal with these and other matters as required. Very little conflict, I make sure people know what is required and resolve conflicts in a constructive manner.
I have on one occasion had to go formal and issue a notice to comply. With the other residents supporting me compliance was forthcoming and the resident concerned now understands what communal involves.
A recent example was renovations in one unit that necessitated tradespeople in the driveway over a fortnight.
With consultation and planning it wasn’t a problem. We all want to live here in peace and understand that the disruption might be caused by any of us depending on our circumstances.
@Boronia said:
Would adding non-attached partitioning to a lounge room to provide extra sleeping accommodation contravene any rules?Would there be an increase in the number of people residing in the premises?
If so and it exceeds two adults per recognised bedroom then definitely, yes.
If the premises are rented then the lease would mention how many people are permitted to live there.
Address this early and decisively otherwise you’ll have way too many people living there with resultant problems.
So how do you expect people to move their possessions in and out of the property?
While parking in the driveway is an inconvenience when planned properly it is minor. Also, moving in and out of apartment blocks is common.
It seems you have a blanket ban on anybody parking in the driveway. Have either of the resident owners ever needed to have a delivery and blocked the driveway even for a short period of time? If so were they spoken to the same way?
Noting there appears to be no legal way of parking and removing their goods the departing tenants took the path of least resistance and just broke the by law knowing there was very little in a practical manner you could do at that time.
Perhaps develop a by law for how to handle departures and arrivals covering planning and advising the other residents of when and how long.
This situation is a bit of bull headedness on both sides but I actually have more sympathy for the departing tenants. You made their life harder than it needed to be and paid the price.
Plan ahead for the next resident transition and have an easier time.
I live in Potts Point and our external letterboxes are rifled about once a month. I have a PO Box at the PO but most residents do not.
As a long-standing Exec Comm member I have tried on and off for more than 10 years to get Australia Post to allow us to shift our letterboxes inside our front gate. They flat-out refuse to accept any more keys/fobs which would be needed for the postie to gain access to sort the mail.
They cited incidences of posties having their bicycles, motorbikes, carts etc damaged or stolen whilst inside premises attending to post deliveries off the street.
So encouraging residents to shift letterboxes inside is not going to work, at least from my experience.
I’ve asked and had answered a similar question. It may be of interest to you in deciding how to proceed.
http://www.flatchat.com.au/forum/another-day-in-paradise/who-can-view-live-security-camera-feed/
We didn’t proceed mainly due to the cost of installation. Good luck for your block. It seems you have some issues that need to be addressed and resolved.
So Frank, unless you’re the landlord how on earth can you even threaten eviction?
They don’t have written approval (I’m on the committee) – so the next step, a simple note – ‘keep your dog quiet – or either it, or all or you, will be evicted – without further notice’
And even if you are the landlord you have to follow a process.
I do hope you realise that even though you’re on the committee you also have to follow a process to deal with a noisy dog. Also, you may be giving conditional approval for them to keep the dog.
I.e. keep it quiet or it goes seems to me that if it stays quiet then they can keep the dog.
You wrote:
Why must I spend $ on such things? Surely if the noise producing owner is adhering to the by laws (after all the SC ticked off on his renovations), surely evidence must be presented by him or the SC that the wooden floors were appropriately treated so they comply with the by law?
Because it is most likely that as soon as you say that the new floors are non-compliant and noisy they will have documentation from the installer that it does comply with the by-law.
That will address the first part of your complaint. Then you will have to prove that it is now too noisy.
Jimmy has addressed what you need to do:
You may have to start a “noise diary” and get an acoustic engineer report to establish that the noise from upstairs is excessive and breaches both by-laws and strata laws on your right to the peaceful enjoyment of your lot.
This evidence can then be used to seek remediation of the issue. It will lead to a quicker resolution that going through each stage separately.
Now, can you seek recompense for the cost of the acoustic engineer? That is a question that another Flat Chatter will need to answer.
My question is more to find out if this sort of activity is legal or even ethical.
I’m sure you understand there is a difference between legal and ethical.
Sadly REAs are well known for being unethical but you need a place to live and they set the rules.
The problem is, can you rent elsewhere without going through this onerous process? If so then go for it, otherwise you’re between a rock and a hard place.
So which fence has fallen down? It sounds like the manager is stalling until you go away.
If it is common property they need to fix it and do any preliminary work such as a safety report if required.
That a neighbour has a medically diagnosed illness be it physical or mental is no one else’s business.
Their disruptive behaviour is when the strata manager/committee need to be come involved. Document the behaviour(s) and the effect they are having on other residents/property etc.
This way you don’t make the issue personal, you make it about the adverse effect on the community. The focus on the behaviours rather than the person will stand you in good stead when involving external parties and be of assistance in proving that your intervention is not a personal grudge.