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I agree 100%, there seems to be strata nazis and the like that just can not stand seeing people NOT follow the rules 100%, in our block, there is a person who complains about everything (stupid) thing, takes photos of every little thing that is not right in her mind and has taken the strata to to fair trading and lost many times.. She still complains about prams and the like, I also think that to not show compassion and fair-mindedness causes a lot of angst.

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I live in a block of 74 apartments on Sydney’s north Shore. One apartment (the best) was bought by an elderly couple, wife didn’t like it so never lived there and then she died and husband retired to a nursing home. So it remains empty as it has for more than ten years.

The couple are childless.

We also have three Chinese owner in nice apartments who we see for a couple of weeks (at most) per year.

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“Two other lot owners have witnessed the previous rental tenants of the requesting lot, causing the damage.”

So what was the time frame from when damage was allegedly done and the other lot owners reporting it?

If the landlord isn’t there and wouldn’t have reasonably noticed it then surely it is incumbent on other owners to report it to the OC for remediation and prevention of further anti-social behaviour?

Also, if the tenancy is managed by an REA shouldn’t they have done a proper condition report at the end of the previous tenancy and again at the commencement of the new tenancy?

If there was no reporting by the other owners when they witnessed the damage being done then it might be argued that the OC should bear the cost of the repairs.

Whatever the outcome it would be an appropriate time to remind all residents (owners and tenants) that if they witness damage being committed it must immediately be reported to the OC and if necessary to the police.

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Does the tenant have a current lease? If so would the landlord be amenable to releasing them from the lease without penalty?

 

This may give them an incentive to leave without fuss resulting in a win/win for all parties.

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Glenn Wright writes:

 

One area you have missed is Residential Parks

I have owned and run a park for 12 years now and due to the extreme difficulty dealing with the former CTTT and now NCAT we no longer accept long term residents whether they own their own dwelling or rent park owned accommodation.

You get stuck with bad ones who harass and intimidate other residents, vandalise park property, harass tourists etc and we just can’t get rid of them.

We lose the good residents as they are sick of the situation and the tourists stop coming as they don’t want to be harassed by ferals.

I have now been before the Tribunal in excess of 500 times over the past 12 years and little wonder other parks are refusing new residents as well.

This has been compounded by the Government bringing in new legislation requiring Residential Site Agreements for anyone who stays more than 28 days regardless whether they have a motor home, camper trailer, caravan, caravan soft annex, manufactured home or caravan and hard annex.

The Government wants to totally control our businesses but has no skin in the game so we are forced to protect ourselves and in the process forcing more vulnerable people to the margins of society and homelessness.

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Scott B wrote:

Pay tax the protect your view is horse hockey

This would have to be registered somehow with the council so a DA cannot be approved  to be built in you view area

If there is no form of agreement with the council it will just plead ignorance and you will have to do a  challenge in court

This is very familiar to insurance they will take the money  and who are you going to complain to…………………..

Bs to me  

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From Shedding:

 

I have a question that I hope you can help me out as a result of your article of SMH March 4-5.

 

I have purchased a Home Unit off the Plan, because we decided to ‘Down Size’. I have one of your monster vehicles e.i. a Toyota Landcruiser which is about 2 wide. This unit has been allocated two car spaces 2.4 m x 11.5 m in tandem, which is barely adequate width. Which means that If the space was ‘caged’ I would not be able to get out of the car.

 

My question is : what activity is permitted in the vacant car space, as I have only one car? I am thinking whether I could make a kind of a small workshop.

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In company title units you have a lot of very ignorant shareholders who know nothing about corporations law, the holding and taking of minutes of legitimate meetings and the election of a Board of Directors (as well as a Chairman and their role), plus a remedy if conflict arises and things need to be sorted out. This is exactly why I sold my company title unit in the very appealing Sydney suburb of Fairlight and purchased a strata title unit.

Supposedly, the prospective purchaser of the ‘shares’ of a CT unit need to be approved by the Board of Directors. It can be seen as discriminatory if a Board refuses a purchase (for whatever reason). This does not usually happen, as taking a matter to the Supreme Court (or any court for that matter) is costly, and gives rise to tension within the apartment complex. The unit block of 8 where I resided allowed anyone to purchase, and all units (except mine) were tenanted by investors. 

Perhaps this is good reason to do away with company title units once and for all, (often the older blocks in very desirable suburbs), and make them all strata……….hmmmmmm….if only there was a cheaper and easier way to do this than winding up the company, hiring expensive lawyers etc.!!!

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I think that a question like this highlights why Body Corporations are reluctant to allow some animals and if they do have to allow them, to set out highly detailed standards of behaviour from the owner and their animal.

 

If, as it appears your dog isn’t on a leash then you have an immediate risk of attack. I smell of (indoor) cat and dogs are naturally drawn to me.

 

I dislike free running dogs ostensibly under control of their owner and am scared of dogs. In my BC there would be immediate action taken just for being off leash.

 

As for urinating on the plants well our resident gardener would be most displeased and make another complaint.

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Hi Everyone

Thanks so much for your considered and sage advice. I really appreciate it, there are some things you’ve mentioned that I simply would not have considered 🙂

To answer a couple of questions :

This is a large block of apartments with many others having air con installed so there is no doubt there would be by laws in relation to approval / installation procedures for air con – I just don’t have access to this information at this time.

The air con unit from what I’ve seen is in keeping with others in the complex. To an untrained eye it appears installed professionally and from aesthetics perspective it’s just like all the other air con units out there.

Not sure about the rules regarding common property though from what I know the attachment of the unit to the exterior wall is contravening some strata regulations.

I think we’ll just roll the dice and have a chat with the Strata contact and discuss options with them and see how it goes.

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Does the tenant actually know that the electricity isn’t being paid by them?

 

It would be reasonable to assume that if there is a power point in an area that is for their exclusive use then it is connected to their residence rather than the BC.

 

Maybe it is time to call an electrician to either disconnect all garage power points or rewire them to the residence power board?

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And now time for an update.

As I write the tree is being cut down and mulched.

I contacted disputes.vic.gov.au and had an interesting talk with them.

They advised that:

I had to check with my council that it wasn’t a protected tree (it wasn’t) and if it was a native species also check with the Victorian government (it wasn’t).

The roots causing the damage belong to us and the tree owner isn’t liable for the damage caused.

and;

If the owner next door didn’t want to remove it then we would be off to VCAT. Turns out one significant problem they had was finding someone to actually do the job.

Fortunately the tree is now being removed and now we can focus on getting the damage repaired.

Finally, thanks to proudsceptic for their advice and guidance.

This forum is fantastic.

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Thank you proudsceptic for your very detailed response.

 

However, I’m in Victoria.

 

Looks like I’ve missed somewhere in the registration process to show my state of residence.

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Oh and to help readers to make more sense of this matter:

 

The premises are rented out and the tenants are just as frustrated with the situation,

 

The owner wants to sell the property to developers but council has refused (and will continue to do so) any multi-unit plans because of the location of the block and nearby intersections.

 

Basically the owner won’t spend a cent unless legally required to do so.

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Incredible how some people seem to think they can just make up rules to suit themselves, especially when it means getting others to pay their bills.

I have had a landlord bill me for rates and other expenses on a property because he couldn’t afford it and disagreed with the current system. According to him, the tenant should pay everything.

He then tried to have me evicted because I would not pay these bills, as invoiced.

Finally, when I eventually moved out, he tried to withhold the bond in lieu of these payments and still disagreed when the tribunal ruled against him.

Please keep us informed. I would love to see how this situation plays out.

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