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Hi, If they are individual caged off garages, then they form part of the Lot and the Floor Cleaning would be the Lot Owners Responsibility.
Not necessarily. Some common property car spaces have cages, some lot property car spaces don’t. Some cages exist where they aren’t supposed to, but no one has asked for them to be removed. Some people store stuff in open parking spots. There is no hard and fast rule.
Can you honestly imagine the difficulty in getting every Lot to move their car on the required date, let alone move all the stored contents? Never going to happen.
My strata building manager tells owners when the carpark common area is being cleaned and invites owners to arrange for a free clean of their LOT spaces, including temporary use of vistor parking while it’s being done.
The problem here seems to be concern over damage to goods in spaces adjacent to spaces that are being cleaned. In many modern buildings, parking spaces are designated for the parking of cars only, either in the DA or strata plan. In those cases, give residents fair warning but let them know if there is damage, it’s down to them for having stuff stored where it shouldn’t be in the first place.
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Why shouldn’t owners be responsible for cleaning their car space floors if they are part of the lot?
It’s not so much a matter of why as how. The owners corp can hire special cleaning equipment and it makes sense to charge owners a small amount to get the scrubbers over their car spots.
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If the leaking has stopped because the tap has been turned off then the problem is fixed.
I’m afraid I have to disagree. Laundries are, by definition, places where there’s a lot of water going around. It may have been a leaking tap on this occasion, next time it could be an overflowing sink or a burst waching machine hosepipe. It’s a flaw in common property and the owners corp is obliged to fix it (unless it was caused by the owner renovating).
A new development in Sydney has just been halted and all the bathrooms re-waterproofed and retiled at a cost of, I’m told, $1million, because of the potential damage that can be caused and exacerbated by faulty waterproofing.
You’re right that probably there won’t be a recurrence. But when it comes to waterproofing, “probably” butters no parsnips.
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Yes Jimmy, people are using their garages for storage. But who knows if it’s been approved.
Have a look at your by-laws and see if there’s anything there.
I thought all floors were common property and therefore should be cleaned for owners not by owners.
It depends on the strata scheme. My block has all the spaces attached to lots but the driveways and turning areas are common property. However, I know of some schemes where all the parking spaces are common property, with their use allocated to specific units. Check the plan that came with your Title contract when you bought.
Either way, the owners corp should be able to arrange floor cleans for those who want it (possibly at a reasonable fee) and warn people who have stuff stored that they need to protect it while cleaning is going on.
When you think about it, there’s little point in cleaning the driveways if parked cars are just going to trail filth all over them again.
It’s a question of logisitics and fair warnings, it’s not rocket surgery.
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This is an interesting discussion. This is not meant to be a criticism, (but rather a critical analysis), but will “consulting a qualified waterproofer/plumber” tell you whether the laundry was renovated? Probably not.
They will take one look at the tapware and the tile and know in an instant.If you feel like I do, that you didn’t buy into a strata plan to have decisions made about your life and your property by a bunch of other people, then tell them this.As has been established by the recent Court of Apppeal ruling on pets, strata owners can’t make decisions about other owners property or the way they live – just about how their behaviour affects other people and common property.If I wanted to be part of a community with people I don’t know, I would have bought into a community scheme not strata.That doesn’t make much sense, I’m afraid. Community schemes still have committees that deal with shared responsibilities. In strata it’s things like bathroom floors that leak into other units. In community title I believe it’s things like fences and the outward appearance of your home. maintenance of roads and paths etc.Note to all FlatChatters: Please don’t post your entire comments as QUOTES. It’s hard to know who you are quoting or if you are quting anyone at all.
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The rental agent needs to hire a better lawyer.
The Privacy Act doesn’t apply to corporations with a turnover of less than $3 million.
Even if it did, it doesn’t apply in cases where another law requires the information to be provided (such as the Strata Schemes Management Act).
Some large strata management firms have cited the first rule to avoid handing over information such as owners’ email addresses, claiming that THEY have turnovers of more than $3 million, therefore the Privacy laws apply.
But the second part blows that out of the water and they eventually have to provide the info, albeit very reluctantly.
Section 258 is absolutely clear on this. The landlord (or their agent) must provide the name of the tenants and any sub-tenants on the lease, as well as an address for service of mail.
Privacy laws are simply not relevant and you are entitled to wonder why they are invoking them.
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There is a fine line here and it all comes down to (as so many strata issues do) what it says in your by-laws.
If there is a by-law saying that residents mustn’t disturb other owners, then the strata committee or strata manager should have issued a notice to comply becasue while the noise doesn’t affect other owners, by-laws are being breached. If your action at NCAT goes nowhere, you could try seeking orders under section 232 to compel the strata committee to do their job in enforcing by-laws.
Otherwise you have basic strata law regarding not interfering with the peaceful enjoyment of another resident’s lot. It sound as if that’s where you are headed now. That’s the loophole that your strata committee is exploiting to absolve themselves of responsibility.
Just because the sound is capable of being transmitted doesn’t prove that it is or has been. As well as the acoustic report, you should have recordings and stat decs from visitors and other owners who will testify that they have heard intrusive noise.
My car is capable of going 200kph – but I don’t get a speeding ticket just for owning it. There is a behavioural element in noise nuisance and you have to prove that too if you want to be reasonably certain of getting orders against the occupants and the owner.
At the very least, you will need a diary of when the noise occurs and what causes it. Backed up by recordings, statements of vistors to your home and the acoustic readings, you will have as strong a case as you can muster.
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Do you mean that some people are using their garages for storage. If so, is that strictly allowed? My block only allows approved storage boxes and “roadworthy vehicles”.
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I was whingeing in the Flat Chat newsletter that nobody told me that Section 43 had been repealed and I got this from my good friend Amanda Farmer of Yourstrataproperty.com.au:
Hey, I let you know!
She included this link to her website, by way of proof, and went on to say …A ridiculous repeal. The College of Strata Lawyers submission to the review panel will call for reinstatement.So there – I sit corrected.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.
Kaindub is absolutely right. FYI: Owners corporation records are not covered by privacy laws. Just this week the government passed an amendment that excludes the votes in secret ballots from being available under section 182 rules – which shows how deep it goes.
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The owners corp may have responsibility for the cistern, since it’s on common property, but they don’t have to replace like for like.
A compromise would be to get a financial contribution based on the cost of the cheapest option, with the owner then replacing the cistern with a similar model but accepting a by-law giving them ongoing responsibility for the cistern and related pipework.
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All of Kaindub’s comments are correct – I just wanted to alert the OP that there might be an additional incentive for the strata manager pushing to be allowed to acquire the insurances on behalf of the strata scheme.
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The original Flatchatter says “At the time the complex was built there wasn’t a formal body corporate established and as such no manager was employed.” This does not appear to be correct.
Technically correct, of course, but I think the OP meant that there were no formal meetings or elections held. However, it’s also worth remembering that this information is third-hand.
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