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  • in reply to: Not allowed to access strata roll during lockdown #57547
    Jimmy-T
    Keymaster

      Unless you can show that the strata committee ordered the strata manager to withhold the information, then your beef is with them.

      The strata manager misusing the email system to misinform owners is a pretty good reason for needing owners’ contact details.

      By the way, it has been established that in courts and tribunals that strata schemes can’t by-pass laws or create by-laws because of something someone MIGHT do.

      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.
      in reply to: Not allowed to access strata roll during lockdown #57544
      Jimmy-T
      Keymaster

        There has probably never been a more important time for strata owners to be able to contact each other.  There has also never been a more significant time than right now for strata managers to stop selectively adhering to their rule books.

        Getting strata records, like the strata roll, is merely a hoop-jumping exercise.  You are entitled to see the records (including email addresses) and they are required to provide them.

        Tell them politely to get their heads out of their bums or your next email will be to Fair Trading.

         

        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.
        in reply to: Lockdown renovation rules? #57541
        Jimmy-T
        Keymaster

          Here (below) are the latest rulings from NSW Health which supersede the previous erroneous advice on the Service NSW website.  By the way, the website seems to suggest there are special rules for “small construction sites” (10 workers or fewer in any 24-hour period) but I’m unable to find what they might be.

          However, Melanie’s neighbouring flat, being unoccupied,  could be considered a construction site under these regulations and may (or may not) require the builder to have registered a Covid Safety plan and QR codes for workers.

          It depends how NSW Health defines “unoccupied homes”.  But since they say “residence” means an apartment rather than an apartment building, the empty flat next door could be deemed a construction site with its own regulations (whatever they might be).

          Capacity limits for prescribed work

          Greater Sydney (excluding the local government areas of concern)

          If you are doing prescribed work at a home, you must ensure that

          • no more than 2 people are working in an indoor area at the same time;
          • a resident must stay in a separate indoor area to where the work is being carried out
          • no more than 5 people are working in an outdoor area at the same time.

          And “prescribed work”, allowed outside of the eight hot spot LGAs means …

          Prescribed work

          Prescribed work is renovation (alterations or additions), repair, maintenance or cleaning work.

          You do not need an exemption or confirmation from the NSW Government to do prescribed work or other work that is allowed.

          Prescribed work does not include renovations at unoccupied homes. The rules for construction applies to renovations at unoccupied homes.

          All work – including prescribed work – does not need to be necessary to be undertaken in Regional NSW or in Greater Sydney outside local government areas of concern.

          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.
          in reply to: Podcast: Lockdown PHO a strata dog’s breakfast #57539
          Jimmy-T
          Keymaster
          Chat-starter

            Here are the latest rulings from NSW Health which supersede the previous advice published on the Service NSW website:

            Capacity limits for prescribed work

            Greater Sydney (excluding the local government areas of concern)

            If you are doing prescribed work at a home, you must ensure that

            • no more than 2 people are working in an indoor area at the same time;
            • a resident must stay in a separate indoor area to where the work is being carried out
            • no more than 5 people are working in an outdoor area at the same time.

            And “prescribed work”, allowed outside of the eight hot spot LGAs means …

            Prescribed work

            Prescribed work is renovation (alterations or additions), repair, maintenance or cleaning work.

            You do not need an exemption or confirmation from the NSW Government to do prescribed work or other work that is allowed.

            Prescribed work does not include renovations at unoccupied homes. The rules for construction applies to renovations at unoccupied homes.

            All work – including prescribed work – does not need to be necessary to be undertaken in Regional NSW or in Greater Sydney outside local government areas of concern.

            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.
            in reply to: Lockdown renovation rules? #57527
            Jimmy-T
            Keymaster

              More confusion.  NSW government has just gone Oopsie! and Service NSW is being told to bring their advice into line with Health NSW.  So I’m afraid it’s “as you were!”

              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.
              in reply to: Lockdown renovation rules? #57520
              Jimmy-T
              Keymaster

                You may be spared after all.  This is on the Customer Service NSW website – the question is, who wins – Health or Fair Trading?

                Not allowed in your home

                Renovations, repairs, maintenance, and cleaning

                Restrictions apply to the following activities.

                Renovations including kitchens and bathrooms

                • Home renovations (such as kitchen renovations), other than to make the site safe and secure.
                • Bathroom renovations unless the work commenced prior to Saturday 17 July 2021 and there is no other functioning bathroom in the home.

                Cleaning, maintenance and repairs

                • General cleaning or gardening services for the household.
                • Maintenance or repair work that is not urgent.

                Heating and cooling

                • Installation of air conditioning and ventilation (unless it is urgently required for the health and safety of a person in the home).
                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.
                in reply to: Confusion over blockdown reno rules #57518
                Jimmy-T
                Keymaster
                Chat-starter

                  UPDATE:  We have now heard that NSW Fair Trading has posted contradictory information, saying all renovations apart from emergency repairs and to make sites safe are forbidden. Follow this link for the latest info.

                  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.
                  in reply to: Lockdown renovation rules? #57499
                  Jimmy-T
                  Keymaster

                    What a grown-up attitude to it all!  Can I suggest you contact the owners and ask if they can impose time restrictions on noisy work?  Not before 8am and all drilling in concentrated periods, rather than stop and start all day.

                    These are reasonable requests and if they get shirty, remind them of the two-worker rule and let their imaginations run riot.

                    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.
                    in reply to: Strata manager delaying termination #57495
                    Jimmy-T
                    Keymaster

                      I think Jimmy is confusing a few things. The SSMA states thst the SM has to give the OC three months notice prior to the end of the agreement.

                      I sit corrected.  Dare we assume the strata manager didn’t provide this notice? In which case the penalty is …(drum roll) … nothing.

                       

                      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.
                      in reply to: Lockdown renovation rules? #57492
                      Jimmy-T
                      Keymaster

                        I just heard from NSW Health that renovations can go ahead provided workers wear masks in common areas, there are no more than two tradies per apartment, and owners are not in the same room as workers when they are working.  It’s all HERE.

                        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.
                        in reply to: Cannot get copy of Invoice from SM #57476
                        Jimmy-T
                        Keymaster

                          Arrange a meeting at the strata manager’s office telling them you would like to view the invoice. It’s a set fee of less than $40.  Then use your phone to photograph or scan the invoice (to avoid paying their inflated photocopying charges) and take it from there.

                          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.
                          in reply to: Lockdown renovation rules? #57475
                          Jimmy-T
                          Keymaster

                            My understanding of the current regulations is that residential building work can restart where there is no chance of contact between builders and residents.

                            I’ve heard this too … probably doesn’t really help our Flatchatter who lives in a two-unit strata.  And you can bet there will be selfish buggers who will start the work, say they didn’t know but it’s too late to stop as that would be unsafe (as happened HERE).

                             

                            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.
                            in reply to: Too much insurance costs us #57472
                            Jimmy-T
                            Keymaster

                              I wonder if the committee could charge the cost back to the owner (who could then claim it on their Home & Contents Insurance) under Section 82.

                              Probably not, but worth a thought.

                              82 Individual contributions may be larger if greater insurance costs

                              (1) If the use to which a lot in a strata scheme is put causes an insurance premium for the strata scheme to be greater than it would be if it were not put to that use, so much of a contribution payable by the owner of the lot as is attributable to insurance premiums may, with the consent of the owner, be increased to reflect the extra amount of the premium.

                              (2) The Tribunal may, on application, make an order for payment of contributions of a different amount to one or more contributions levied or proposed by an owners corporation on an owner if the Tribunal is of the opinion that the owner‘s consent has been unreasonably refused under this section.

                              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.
                              in reply to: Strata manager delaying termination #57468
                              Jimmy-T
                              Keymaster

                                I have a feeling that the standard agreement says that the strata scheme must give three months notice that they are going to terminate the contract at or after its end date.  In other words, you should have told the SMs they were on their way out back in April but talk to your new strata manager and they’ll be able to advise.

                                BTW this is not as unusual as it sounds – e.g. if landlords don’t give tenants approriate notice that they will not be renewing their lease, then the tenancy just rolls over.

                                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.
                                in reply to: Lockdown renovation rules? #57443
                                Jimmy-T
                                Keymaster

                                  I believe the current public health order is that work can continue provided there is not more than two workers in the residence at any given time.

                                  What does “in residence” mean? Pretty obvious in a house but an apartment block?

                                  I have written again to NSW Health, asking for some clarity, but don’t hold your breath.

                                   

                                  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.
                                Viewing 15 replies - 2,191 through 2,205 (of 7,905 total)