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… can we add those 2 areas to our lot size when selling ?
Exclusive use by-laws are generally attached to the lot rather than the lot owner, so they would be part of the sale, as would ongoing responsibility for their maintenance (at least, in NSW they would).
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Can I get the strata committee to divulge all quotes received for the work and how these have been evaluated?
You most certainly can request to see all documents related to the window replacement and it is your legal right to view them.
As for how the committee came to its decision, you can ask in writing or at the meeting for this information to be divulged. By the way, all responses that this is “commercial in confidence” are a pretty sure sign that something either inept or untowards is going on.
That said, the reason you are being asked to pay more than you would if you were getting the windows done yourself, may just be down to collective responsibility for common property.
For instance if you have in your block 100 windows, 30 of which can be fixed for $1000, 40 for $1500, and 30 for $2000, you would be paying your share of $150,000 rather than $100,000, even if yours were among the windows that cost less to fix.
Add in different unit entitlements and that complicates matters even further. It may seem unfair but strata is often a case of swings and roundabouts – what you lose on the windows you might gain on the roof.
However, where you might take issue would be if the part of the quote for your windows was more than the quote you received privately for the same job.
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The by-laws are less significant but they aren’t insignificant. They work, or should work, hand in hand. If your by-laws demand a certain level of noise insulation in your flooring and the law demands that reseidents don’t be disturbed, the Tribunal has an easy avenue for resolution (Muppetry notwithstanding).
The significance of by-laws is that they deal with local conditions in a detailed way that can’t be dictated by state laws. So it’s not one or the other, except where the by-laws of the building are clearly unfair or inadequate.
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I can think of many disadvantages of incorporating car ports into your lots and not many advantages.
For a start, if the car ports become dilapidated and unsightly or dangerous, how will you compel the new owners to fix them?
The problem sounds like people parking where they aren’t entitled to do so. If that’s the case, harden up your existing by-laws about parking and pursue miscreants diligently and relentlessly, including issuing memos and erecting signs that say people parking in other residents’ spaces will be fined.
All that creating a new by-law will do is make that the individual owners’ problem and not the committee’s. If the committee is too lazy to do anything, that’s where your problem lies, not in your by-laws.
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I’m going to take a punt here and say it is the landlord that you need to take action against becasue, theoritically, they can address the problem by:
1) telling the tenants to behave or they will be in breach of the by-laws and could be evicted:
or
2) properly insulating the floor
or
3) both.
You could go after the tenants but then you’d have to prove that they were behaving unreasonably.
So go after the fact that there is too much noise and let NCAT decide what the cause is.
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Yes, it is confusing. They both became law at the same time but the 2015 Act is dated that way because that’s when the Act was tabled. The 2016 Regulations (a much shorter and less legalistic document) was introduced to put some flesh on, and fine tune, the Management Act bones.
For instance, Section 110 of the Act defines the parameters of “minor renovations” while Section 28 of the Regulations expands the list of works permitted without the need for special resolution by-laws.
The two Acts should be seen as complementary rather than contradictory.
I believe it is easier for our political leaders and civil servants to alter and adapt the regulations than it is to change the Management Act, so that’s where all the fine-tuning occurs.
However, if you think there are elements that are contradictory, let us know and we’ll have a look.
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In most council areas, changing the configuration of an apartment layout requires planning permission.
As far as your owners corporation goes, special resolution by-laws are only required for changes to common property but you will still need the OK of your committee for the work to be done (so they can monitor and control noise, dust, rubble etc).
Regarding planning permisson, if you get the right (or wrong) builder, they may issue a certificate saying this is a complying development. If your committee is sufficiently dozy, they will let that go through and, in the absence of objections from the owners corporation, the council will too.
I saw this happen a close quarters when a neighbour removed a bedroom so he could expand his lounge room so he could have “bigger parties”. The fact that these parties would now occur next to the adjoining flat’s bedroom slid past the block’s somnolent committee without a flicker.
The noise and general disturbance was horrendous. Both council and strata committee said the only option was to sue the builder for something like false pretences. Like that would fly!
But, to answer your question, if your committee and council are on the ball, you will need the OK from both. And check out section 110 of the strata Act to see exactly what you can and can’t do under the terms of a “minor renovation”.
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A real estate agent can only give permission for a pet to occupy a unit subject to the by-laws of the building. The strata manager should be instructed to contact the agent and the landlord to warn them that they should tell the tenant they have to abide by the by-laws and that only the owners corporation can alter those conditions.
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There are three main elements that determine the amount of noise transmited through floors, the floor covering, the composition and thickness of the concrete slab and the behaviour of the residents.
If you were to say that you never complained about the previous occupants because their behaviour (maybe not wearing shoes indoors) meant there was rarely any problem, then you wouldn’t have to justify why you are only now complaining.
That’s not the issue but it gets you past the “why now?” question and into the nitty gritty of the problem.
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Most locksmiths will have a little electric lockpick that can have a simple Yale type lock open in seconds. If you have installed something more elaborate, you’d better make sure that someone, somewhere can get to a copy of the key if need be.
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Does the strata plan insurance cover accidental damage by a non owner in the common property areas?
It wasn’t you personally who caused the damage but it was your cleaners and so you are ultimately responsible (but I think you know that). As Austman says you may be liable for the excess, at least. You might be able to pass any costs on to your cleaners but if they aren’t insured, you could be out of luck.
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Yes, well, strata law specifies that by-laws may not be discriminatory and I’m suprised someone hasn’t trotted off to NCAT to challenge your by-law on that basis (if only for a bit of fun).
Perhaps discrimination between cats and dogs doesn’t make the threshold but what about cat owners and dog lovers.
People will say that allowing dogs into your block leaves you open to everything from sleepless nights to rabies.
But, as I never tire of saying , there is specific legislation in the strata Act, namely section 158, which covers animals that have been allowed under a scheme’s by-laws but later prove to be a nuisance, hazard or interfere with residents peaceful enjoyment of their home.
So, when people say “what if someone has a yappy dog that drives us nuts” the answer is “Section 158”. Could it be that simple? In strata, anything is possible.
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Without contacting police, what could be done on a strata level? If anything?
It always amuses me when people ask a question (as they often do) with the added provision that we don’t go down one potentially effective route to resolve their issue. It’s a bit like “how can I take a bus to work without using public transport.”
But seriously, strata law and strata scheme by-laws involve a level of mutual agreement about behaviour. If you go through the strata Act there are very few rules and regulations that have penalties attached for non-compliance.
Taking at random the law about committee members declaring that they have a potential conflict of interest, there is no penalty if they don’t. The decisions on which they vote stand, unless an owner goes through the rigmarole of challenging them at NCAT (within 28 days, I think) and can prove there would have been a different outcome. And even then …
Strata laws generally map out a template of behaviour that we are expected to follow and only in very rare cases can we expect any kind of sanction if we don’t.
For instance, our by-laws can say don’t park on common property. But there is no penalty attached, apart from the general potential penalties for breaching by-laws which, again, must be pursued at NCAT.
The point I’m trying to make here is that strata law can only do so much. In the great totem pole of legislation, strata law is right at the bottom and we know this because it says that you can’t pass a by-law that would supersede any other law.
Thus, for instance, you can’t pass a by-law that would clamp illegally parked cars because that’s forbidden by other laws not specifically related to strata schemes.
So what can you do about a resident who harasses you or the other members of your committee. The simplest answer is to look for solutions in superior laws to strata laws and, in the case of continueed harassment and abuse, ask your local court or even the police to issue an Apprehended Personal Violence Order (APVO).
That may sound extreme but the terms of an APVO include threats, stalking, harassment and intimidation and specifically apply to the actions of neighbours.
The other option is to hold a committee meeting to decide what to do next about this resident (is he or she a tenant, as per your headline?), laying out the issues and canvassing your options such as taking out an APVO, spending money on legal action to get some kind of restraining order, seeking mediation or installing increased access security and surveillance to restrict and record their movements within the building (the threat of spending money is the easiest way to galavanise owners into action).
Presented with a detailed motion you might get the resident to agree to back off rather than face the public humiliation of being exposed in this way.
And if you are worried about defamation, it has recently been established in the Supreme Court that strata residents, not just committees, have considerable leeway when it comes to naming people whom they are accusing of bad behaviour. As long as it’s not purely malicious and has an element of truth, you are ususually OK (although you might want to check that with a lawyer).
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First of all, your by-laws can dictate what is and isn’t allowed on balconies as, in most cases, they are common property.
Now, that said, a coalition of snag-burners and investors who don’t want to do anything that might turn away potential renters would prevent any by-law that sought to ban barbies.
However, you could make the use of barbecues subject to a reasonable code of conduct which could include items like:
Permission to use a barbecue on your balcony may be assumed unless it is withdrawn due to breaches of this code of conduct.
Barbecues must be cleaned with detergent before or after use, definitely NOT “burned off”.
Barbecues must not be the main method of cooking food in the home and use should be restricted to a maximum of two or three days per week.
Solid fuel barbecues and smokers are strictly forbidden.
A portable fire extinguisher should be kept close by when the barbecue is in use.
Gas barbecues must be checked by a professional every year (with a certificate provided to the strata committee or strata manager)
Children or adults affected by alcohol or drugs must not be allowed to operate the barbecue.
Offensively odourous food such as fish, seafood and pungent meats should not be cooked on the barbecue.
Failure to abide by this code of conduct could lead to permission to use the barbecue being withdrawn and continued use thereafter subject to action at the tribunal and fines.
Now, that will seem harsh and restrictive to some people especially those who feel no need to consider anyone but themselves.
But they’re not as harsh as having to sprint to close your windows when the beef-burner downstairs fires up. Or even worse coming home having left your windows open on a hot day, only to find you are breathing smoke and fat for the next few hours.
Just as an aside, I live in a building that supposedly has cross-ventilation and which, as a result, doesn’t allow air-conditioning. I reckon I could run a case at NCAT that allowing barbecues when you have no choice but to leave your windows open in summer is “harsh and unconscionable”.
But I won’t because there’s something about the consumption of overcooked meat and undercooked sausages that makes people hyper-aggressive (and enough of my neighbours hate me as it is).
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