Forum Replies Created
-
Replies
-
Have a look at the response from Oldmabb below. A real world experience rather than hypotheticals.
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.
Given that something similar to what happened to you is used as an example in the Queensland Act, I’d say you were on pretty solid ground. I’m not sure how these things work in Queensland but if this was in NSW I’d be telling the committee that they can do this this hard way – fight it, lose and have to pay costs (from which you would be excluded) – or come to a mutually acceptable compromise over the costs.
Just because your body corporate is under-insured doesn’t mean you should have to pay.
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.
I believe you need a majority in Parliament to call one. Even then, the government doesn’t have to act on its findings. Strata owners and residents are about 10 percent of the population and, to be honest, the other 90 percent doesn’t care about our trials and tribulations.
When the governments in Victoria, Queensland and NSW started looking at short-term letting, they were obsessed with party houses, even though that is a tiny part of the problem.
You could turn an apartment block into an hotel for all they cared, but turn one house in a street into a noisy, raucus, venue for drunkeness and debauchery, and they come down like a ton of bricks.
There will be no Royal Commission into strata managers any time soon, nor need there be. Strata owners just need to get educated and organised and weed the baddies out by sacking them. Simple as that.
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.
Every apartment block in NSW is legally obliged to have a letterbox for the Owners Corproation. Send them a letter and ask them who you need to contact to deal with some (possibly imagined) issues like storm water drains or a planning application for a motorbike repair garage or packs of wild dogs roaming the area.
Alternatively, wait till an apartment comes up for sale and ask the real estate agent who the strata manager is so your solicitor can do a search.
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.
Every apartment block in NSW is legally obliged to have a letterbox for the Owners Corproation. Send them a letter and ask them who you need to contact to deal with some (possibly imagined) issues like storm water drains or a planning application for a motorbike repair garage or packs of wild dogs roaming the area.
Alternatively, wait till an apartment comes up for sale and ask the real estate agent who the strata manager is so your solicitor can do a search.
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.
Hi Jimmy, im in Qld so things are obviously different in NSW.
Which is why you might have prefaced your definitive statement about a by-law not being required with the words “in Queensland …”
Some strata laws are similar in many states, some are very different in every state. The majority of our readers are in NSW (which is where the majority of strata units are). We try to point up the differences when we find them, and we try to avoid assuming that everyone’s by-laws are the same.
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.
Regarding your gate: it doesnt require a bylaw at all and to get it changed it should be prese(n)ted to your committee for their approval and record of the decision to help the integrity of the building and help stop a bunch of individual owners all negatively and piecemeal fashion devaluing your building.
Section 108 of the strata Act, plus sections 142, 143, 144 and 145 clearly state that changes to common property to benefit a lot owner can only be made following a special resolution and the creation of a by-law that may transfer responsibility for the upkeep of the common property affected to the lot owner.
Since it appears that the gate is at least partly owned by the OC, legally, it’s probable that a by-law is needed but practically, there may be a way of either working around that or, at least, getting a common property by-law that doesn’t require the expense of two lawyers and a special meeting.
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.
I feel I should write it all down and give it to someone… but who?
I think the obvious candidates would be the Owners Corporation Network (OCN) who did a great job in giving NSW apartment owners something no other state has – the right to create by-laws to keep short-term rentals out of apartment blocks – as well as being at the front of many other beneficial changes to our laws.
Of course, what you have to do first is join but once you get the ball rolling, you will find that the established strata management firms are, these days, just as concerned about dodgy operators as you are.
But if you go in with an attitude of “all strata managers are corrupt” your pleas will fall on deaf ears across the board.
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.
Thanks for your replies. thought that might be the case.
What do you think is the case? Is it common property on the other side of the fence or public land? Is the fence marked as a common property boundary or not (as per Kaindub’s post)?
Personally, I don’t think you need a by-law but, as I have already explained, if you did need one, it doesn’t need to be so expensive.
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.
From reading this factsheet, it seems there is no provision for separate insurance unless the two units have separate walls (and these don’t).
See if you can get your insurance attached to the neighbour’s, otherwise you can organise insurance for the whole scheme and they will have to pay half.
It could be that these neighbours don’t even realise they have collective responsibilities as part of a strata scheme. Invite them round for a cup of tea and explain how things work (and ask them what they want to do).
It occurs to me that their insurers shouldn’t have given them separate insurance in the first place, so they could be due a refund. In fact, if the insurance has been offered on the basis that it’s a separate dwelling, it may be invalid anyway, so they could be wasting their money.
In any case, you and they might do well to read this factsheet and, if they refuse to discuss it with you, this section of the Act.
But before you get to that, have a friendly chat and explain that you have to have insurence for the whole block (that’s the law) and your options would be to share a policy with their insurer or they could pay their share of yours, whichever offers the best deal.
But whatever you do, keep it friendly as these people will be living close to you for a long time.
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.
It probably helps to go straight to the source for this, namely the Strata Schemes Management Amendment (COVID-19) Regulation 2020
But to summarise (and this is my non-legal interpretation) you may have general meetings electronically, whether or not you have passed a by-law to do so, and you can hold an election via that meeting.
However, you can’t have pre-election online voting.
Here are the significant passages:
71 Altered arrangements for voting at relevant strata meetings—section 271A(1)(b) of Act
(4) To avoid doubt, this clause—
(a) applies despite any requirement in the Act for a vote at a relevant strata meeting to be exercised in person, but
(b) does not permit pre-meeting electronic voting to be used for an election.
(5) A person who has voted, or intends to vote, on a motion or at an election at a meeting by a permitted means other than a vote in person is taken to be present for the purposes of determining whether there is a quorum for the motion or election.There are also references to clause 28(1) of Schedule 1, and clause 10(1) of Schedule 2, of the Act, but these are just enabling clauses that allow for alternative means of voting.
Regarding whether or not the old committee remains, my understanding is that the committee stays in place until a new one is elected at the next AGM. When you consider that the law only demands that AGMs must be held in successive financial years, they could be almost two years apart (July 2020 and June 2022).
Thus, having a time limit on the tenure of the strata committee would be impractical and they could continue in office until they were re-elected or de-elected.
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.
I understand that a by-law can’t conflict with the SSMA or any other piece of government legislation and that they can’t override or impede upon our personal or civil rights which this By-law, seems to do.
Look, there’s no doubt that this by-law over-reaches, but I’m not sure what you mean by “civil rights” as I can’t think of any legislation or area of the constitution that allows you to host or attend parties.
If you mean that you can’t have a by-law that forbids you from doing something that isn’t against the law, then you are wrong. By-laws can, for example, forbid people from smoking or having barbecues on their balconies, parking on common property or creating loud noise during the day. None of these things are against any laws.
But they can’t supersede strata law or any other law and they can’t be “unjust”, meaning specifically, “harsh, unconscionable or oppressive.” Now “harsh” doesn’t just mean something you find unacceptable – as the owners who recently challenged no-pet by-laws found. They have to be “unjust” by some objective measure.
So let’s look at what you’ve got:
You must not attend or host any party or social gathering in a lot or on the common property
Okay, I’m not a lawyer but I would says this is oppressive and harsh. They don’t even define party. And even if they did, there is no basis for banning you or anyone else from hosting or attending one. This would only make sense if they restricted the number of people and set enforceable limits on noise and use of common property (quiet access and egress).
You must take all reasonable steps to ensure that your invitees are not invited to your lot and do not enter the building for any purpose other then a permitted purpose.
So how can you have an invitee who is not invited? Badly worded and unenforceable.
You must not use, or permit any other person to use any of the recreational facilities without the prior written consent of the owners corporation.
Permission to use recreational facilities is implied in your ownership or lease of your unit. This extends to your guests (when you are present).
You must take all reasonable steps to ensure that a new resident does not occupy your lot after the by-law start date without a lawful excuse.
I’m beginning to get the sense that this is a crude attempt at a “no-Airbnb” bylaw. If so, it’s one of the worst I’ve seen. In this form it would get tossed at NCAT for sure.
You must take all responsible steps to ensure that a new resident who does not have a lawful excuse for occupying your lot after the start date is not invited to occupy your lot or make a booking to occupy your lot after the by-law start date including short term accomodation websites such as Airbnb and Stays.
OK, here we go. This is part of an ‘no short-term let’ bylaw which seems to be saying we don’t allow short-term lets but if you go ahead and continue, we will restrict access to common property facilities and your unit with these myriad Byzantine specifics.
In fact, we may be being played here and the OP is listing a room or rooms in the flat that they allege is their permanent residence on Airbnb and the strata committee suspect they are telling the truth.
Section 137A of the Act, the bit that allows us to establish by-laws banning short-term lets, specifically forbids restrictions on short-term lets of rooms in hosts’ principle place of residence.
But rather than attack the initial con – this is not the short-term host’s actual home – the owners corporation has created an unworkable set of restrictions in an effort to frustrate them.
Now, if the host is a bona fide permanent resident of the block, this is a by-law too far.
But, if it is the case that some slimeball Airbnb host is trying to game the system, they should be exposed and driven out of the building. However, bad by-laws ain’t gonna do it. Proving they don’t live there will take a little effort but it will.
And, yeah, if it is a con, lock their guests out of the facilities and let them take the owners corp to NCAT and see what happens.
Disrupt the disruptors, by all means, but get your facts right first.
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.
Abloy does not have an exclusive monopoly for two reasons. 1. You can get your locks keyed to a select number of suppliers. Abloy being jusT one. 2. Your block will have its own key to the electricity room. It can be copied by any competent locksmith.
I’m not sure of your reasoning here? If the big utilties companies insist on using Assa Abloy keys, how does a strata scheme avoid changing its locks.
Maybe I’m missing something but it’s worth Googling “Abloy monopoly” to see similar complaints in other countries
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.
If this is a dividing fence and not common property, what’s on the either side of the gate?
If it’s common property on one side, and your lot on the other you probably just need the okay from the committee with a written agreement that you will maintain and repair the gate.
It it’s another lot, you need the other owner’s permission.
If it’s common property on both sides, or public land on the other side, then it’s probably a common property gate and you might need a by-law.
If you do need a by-law, Amanda Farmer does off-the-peg by-laws, or you could join the OCN ($55) and maybe copy one from another member.
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.