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There is a whole website about solving these disputes.
You’re right, of course, which is why I suggested going to court as a first option. Re the website to which you refer, a link would have been nice.
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Why would you change the law because it does not comfortably fit a particular situation?
Why? When it leads to a minority of owners holding an excessive amount of power over the decisions of the majority. That’s why they changed the proxy farming rules – to stop people misusing the powers that were granted to them in the mistaken belief that it would aid the democratic process, not undermine it.
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Send them the bill for the rest of the fence repair and, when they refuse to pay, either take them to the small claims court or start proceedings at Fair Trading, then NCAT under section 233 (below). Tell them you will also be claiming all costs if they force you to do that.
This is just laziness on their part and there’s no reason you and your neighbours should have to pay because they can’t be bothered to claim.
233 Order for settlement of dispute between strata schemes
(1) The Tribunal may, on application by an owners corporation for a strata scheme, make an order to settle a dispute between that strata scheme and another strata scheme if:
(a) the strata schemes are contiguous or the dispute relates to a lease of land, or other arrangement relating to property, of one of the schemes, and
(b) the matter in dispute is not regulated by or under any other Act.
(2) In this section, a strata scheme is contiguous with another strata scheme even if it is divided by, or separated from the other scheme by, a natural feature (such as a watercourse), a railway, a road, a public reserve or a drainage reserve.If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.
Say you make a complaint to FT about the competency of your agent in an attempt to get what Fair Trading call re-education to address the competency issues.
What did you hope the response might have been, given that you are one owner complaining about a strata manager?
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The strata manager says that not much can be done about it now.
Not much can be done if you do nothing. How about you offer the owner the choice between agreeing to a by-law that passes responsibility for the balcony to them, or they resinstate the balcony to its previous state at their expense. When they refuse, take it to NCAT. Asking them to take responsibility for work that they did illegally is a prefectly reasonable request
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To be fair, I think the distinction is that not maintaining common property to the extent that it undermines the structural integrity of common property would put a question mark over insurance cover. But maintenance of common property has a wide variety of meanings covering myriad situations.
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Thanks for that – it’s what I thought, but I wanted to check as we all tend to bandy around term that turn out to have a different meaning for different people.
Regarding the lock, I spoke to a senior firey some years ago and he said in a case of a genuine emergency they used the “big red key” … meaning an axe.
Whatever you do to change the locks is probably a by-law breach, but nevertheless, leave a spare key with a responsible adult who lives or works in the building.
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For those of you who are thinking of self-management but haven’t settled on software, have a look at StrataBox
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I’m pretty sure that not maintaining the building can also invalidate insurance.
I’m not.
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My inner “bush lawyer” finds this fascinating. My new project – get a definitive answer or get the law changed.
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What do you mean by dual key?
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We can only assume either the strata managing agent for building A (which is a different company to the one managing the community association) or a strata lawyer who they may have consulted has provided them with the advice on how to use this part of the act to seek their desired outcome.
I don’t know why you would accept that assumption to be true. And even if it is, I would accept that advice to be valid.
The secretary claims they are acting on behalf of their strata committee (building A) by making the objection to a decision being made by the CA to remove them as secretary.
They are using a clause cloned from the Strata Schemes Management Act which refers to a percentage of owners. I would think they would have to show that sufficient numbers of owners supported their veto for it to stand
I have asked numerous strata managers whom I know for their opinion on this clause, and it certainly appears to be open to the interpretation in which it has been used in this situation.
Yes, it’s open to that interpretation but it’s also open to the interpretation that this is beyond the scope of the relevant section of the Act, is anti democratic and not in keeping with the intention or spirit of the Act.
I will dig further … in the meantime, your strata manager should ask the vetoing member to provide proof or authoritative legal advice that they have a valid power to do this. Failing that, the secretary should stand down, at least until this is resolved.
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Maybe you could respond to “newb” on this thread and ask how he did it.
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