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Is a by law even necessary though?
Probably not, but it’s a way of sending out a warning to would-be hobby litigants and may steady the committee’s hand if they waver under the assaults of a strata pest.
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There used to be a provision under the “who’s responsible?” common property memorandum that the owners corp had to pay for painting if the paintwork was damaged in the course of fixing a CP defect.
That seems to have gone – probably because of arguments over how the paint was damaged – by the defect (not covered) or by the repair (covered).
It might be worth calling your strata insurer directly to see what they say.
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I think they can. We had an owner at our block that continuously attempted to send the committee to NCAT as a payback for sour grapes for being out voted on certain issues. Certainly deterred them from wasting EC and managing agents time.
I take your point and I know that vexatious or hobby litigants exist but the processes exist under Tribunal laws and those laws trump by-laws.
It might be more appropriate for owners to pass a by-law that, in the event of claims to NCAT that the majority of committee members regard as frivolous, vexatious or without foundation, the strata committee is instructed to request a ruling on costs under NCAT’s “special circumstances” that the matter had limited or no possibility of success and where the claim was “weak, misconceived and bound to fail”.
That way you are sending a message to the miscreants but leaving the the decision on costs where it belongs, at NCAT.
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The managing agent has advised (quoted): There is no requirement. Who has told you that this is a requirement ? It’s not in the Strata Scheme’s Management ACT that the Owner’s Corporation must allow owners to install electric car chargers.
What a pompous ass! You might want to point him to Section 110 of the Act which says this:
110 Minor renovations by owners(1) The owner of a lot in a strata scheme may carry out work for the purposes of minor renovations to common property in connection with the owner’s lot with the approval of the owners corporation given by resolution at a general meeting. A special resolution authorising the work is not required.
(2) The approval may be subject to reasonable conditions imposed by the owners corporation and cannot be unreasonably withheld by the owners corporation.
(3) Minor renovations include but are not limited to work for the purposes of the following— (d) installing or replacing wiring or cabling or power or access points …
You are absolutely right that the EV owners could take your scheme to NCAT and in today’s climate would probably win. That additional expense leading to the same outcome would be the fault of your committee and your strata manager for failing to give the proposal proper consideration.
Concerns about over-stressing the electricty supply at some future date are not a reason for refusing one vehicle today. They are a reason for doing what you set out to do – have a plan for the future.
Reading the Act (which your strata manager clearly hasn’t done) suggests to me that you could give permission subject to agreement to the results of a future review if other EV user demands ever pushed the power supply to its limits
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Your proposal would be seen as a deterrent to people exercising their rights.
I think the OP was concerned about such a by-law, for the reasons you mention, rather than in favour.
Anyway, here’s my thoughts on the issue, for what they’re worth
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Obviously, the neglect of the apartment has probably contributed to the failure to discover and remediate the concrete cancer, but proving it may be another matter entirely.
That would be your first challenge, getting two or three independent assessments that neglect caused or exacerbated the problem and at what cost. After that, you might speak to a strata lawyer.
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And I thought FOGO was Fear of Getting Old.
I’d start with the softly, softly approach. I’m thinking cheese, wine and a chat with your neighbours. How about a half-year, post-covid catch-up to talk about everything that’s been going on in the block. Make it a semi-social occasion but introduce a chat about the bins (and anything else that your neighbours may want to talk about).
If that doesn’t work, direct action, like returning mixed garbage to its owners (there’s always an addressed envelope in the bag) might have to be considered.
Hey. if digging through garbage bins is good enough for tabloid journalists, it’s good enough for saving the planet.
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It sounds to me like you are locked in a toxic and unending battle with your owners corporation, or at least your strata committee.
In your shoes I would seriously consider trying to undertake some kind of mediation in an effort to wipe the slate clean and start afresh. This is a war with no winners. Offering an olive branch is not waving a white flag. You and probably they have better things on which to expend time and energy.
I’m not talking about Fair Trading, but either a professional service that you can find on the internet, or our sponsors StrataAnswers.
It will cost a little but it could be a way forward.
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The exhaust flue is presumably common property because it’s outside the cubic space of the unit. The OC thinks the purchaser should pay for rectification because the fault was caused by the former owner. Is there a ruling on this?
There’s nothing in strata law specifically about this but IF the flue is common property and the vendor is long gone, then, in the absence of by-laws that say otherwise, its Owners Corp responsibility.
That’s why the common property by-law insists that the lot owner or the owners Corp has to take responsibility for changes. And that’s why “nod and wink” approvals for changes to common property are such a bad idea.
At some point your OC or committee members have decided to ignore work they must have known was going on. Now all the owners in the block are paying the price.
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You can always seek to have reasonable by-laws and improvements imposed on yourselves through action at NCAT. If a substantial majority want to have things done, then the Tribunal is likely to be symapthetic. You might also seek costs orders, just in case chummy decides to be obstructive again.
Oh, and you could hire a lawyer, knowing this bully would have to pay one-third of the costs and it only takes a simple majority decision.
Or you could wait until the new law allowing “sustainable” improvements to be done by a simple majority vote comes in. There’s nothing more environmentally friendly that an outdoor washing line.
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Is it your roof? or is it common property (which would be usual)?
The owners corp has the right to enter either common property or lot property to carry out repair work to common property or even to see if repairs are requires.
In the former instance, provided they aren’t going through lot property, that right is pretty much unlimited.
In the latter case, if the lot owner or residnet refuses access, the OC can go to NCAT and get orders.
I they have started work on a common property roof without prior notice, that is just rude and inconsiderate, but it’s not illegal.
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Sounds like a job for Sir Humphrey. Send him a PM, just in case he’s not reading this.
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Working on the assumption (danger! danger!) that your scheme’s attic space is common property, as are the roofs, then the body corporate can regulate solar installations any way it likes.
However, you could create by-laws or guidelines that are fair and reasonable on sharing the space, or even devise a collective plan whereby everybody could share in the benefits of a communal installation (which would be cheaper and more efficient).
Talk to solar power installers then offer the owners some options, but the one you don’t want is “first come, first served”.
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Would applying for a mediation via fair trading affect my admission to the committee?
That is very much up to all the other owners (not just the committee). The current committee might stand as a block to try to keep you out but there’s only an election if the owners at a general meeting decide to have fewer seats on the committee than there are candidates.
If there is any hostility at the AGM, explain to other owners that you are trying to save them money rather than cost them, as neglecting the legally enforceable responsibility to maintain common property costs more in the long run because problems get worse (and are therefor more expensive to fix) and then there’s the whole question of the social and financial cost of the committee having to be dragged to Fair Trading and NCAT just to get them to do their job.
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