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When you read the Strata Schemes Mgt Act, there are various provisions for proper governance such as acting fairly for all owners.
True, but where are the penalties for breaches? What kind of law is it where ordinary citizens have to run civil cases to enforce the rights that are supposedly enshrined by it? Chocolate teapot!
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The fact that strata could make money off of the repairs is a scary thought.
By “strata” I assume you mean the strata manager here. Be careful with your terminology as that could trip you up in an NCAT case. There’s strata managing agent (strata manager), strata committee and strata scheme … all different.
You might do well to get some initial advice from one of our sponsors, like Strata Answers or Sachs Gerache lawyers, or someone more local to you.
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A word of caution – pick the wrong strata manager as a compulsory appointment and you will regret it. In most cases, the compulsory manager takes over the whole running of the block – the committee and owners have ZERO say over repairs, budgets and levies. Many strata managers will run the building (usually for two years) precisely by the book and that means no leeway on anything. Some, it has been reported, have their favoured tradies to do work for inflated prices and there is NOTHING you or your neighbours can do to prevent it until the compulsory period runs out.
As a final gambit, I would explain to your neighbours that the running of the building has become so untenable that you are considering applying for compulsory management, spelling out exactly what that means. Otherwise, they can elect a new committee, select a new manager and start getting the building in shape.
If you do go for compulsory management, find someone with whom you can work and they will advise you on the information you need. But generally is should be evidence of demonstrable breaches of the Act such as failure to maintain and repair common property, failure to pursue unpaid levies etc etc. Complaints about politicking or personal disputes will butter no parsnips at NCAT.
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The owners corp has a duty to protect your peaceful enjoyment of your lot. I wonder if they (and you) would acccept a compromise of a triple-glazed window installed at their expense. If, as you say, all the noise is coming via the window, that would be a lot less expensive that the relocation of the heater and all the piping
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This Whirlpool Q&A would seem to suggest the heater in’t too close. But what is the source of the noise? if it’s vibration, proximity to the window won’t make as much difference as which wall it’s attached to, and how.
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It may be “the standard” but the critical issue is whether or not it does the job and in your case it clearly doesn’t, at least, not to your satisfaction.
There are so many other issues in the noise insulation and so many variables, such as the thickness of the slab and the density of the concrete pour, that using the thickness of the insulation and carpet as the only metric is frankly ridiculous.
The main issue is noise transmission allied to your legal right to the peaceful enjoyment of your lot. If the former compromises the latter, minimum building standards are almost irrelevant.
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Does anyone know how I can find agents that can be Compulsory Strata Agents?
Contact our sponsors Strata Choice who are as qualified as you will get. Failing that, try the SCA – and you wouldn’t go near a strata manager who wasn’t a member of that organisation.
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Note to all Flatchatters: If you are copying and pasting, please take the time to remove coding from Apple documents or the original source. Paste first into a blank text-only (.txt) doc and copy again from there if you’re not sure.
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Are they going to be Virtual Tiles or Actual Tiles?
OK, I give up. What am I missing here?
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If 25% entitlement of owners request a meeting, it is a ‘Qualified request’ and the meeting must be held within 14 days.
Good point … but they only need one other owner to get past the 25 per cent since Philippa has a vote too .
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Would it be appropriate for the Strata Committee to pass the resolutions, or should a general meeting of the Owners Corporation start the ball rolling?
The strata committee acts for and effectively is the owners corporation in all but a very few specific circumstances. So yes, issue the instructions and let the squabbling commence (until the other guys read the Dividing Fences Act).
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The strata committee can’t make a decision like that. They also can’t have a valid meeting without issuing an agenda.
If it was an extraordinary general meeting, they should also have issued an agenda and invited you to the meeting.
I’m also not sure that they can change the strata plan with even a “super majority” or special resolution. Section 17 of the Strata Schemes Development Act says that the owner of a lot has to sign off on the conversion of that lot to common property. Don’t know if that applies to lot walls.
As others have said, they can issue an opinion about what is and isn’t common property, but that doesn’t change anything. It just lets you know what side they will be on in a dispute.
“Strataly” wasn’t a word before but it is now.
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As we have said before, strata law does not require a special resolution or a by-law for the installation of double glazing. It does however require permission that should not be unreasonably refused. You need to send your committee secretary a letter to this effect.
Something along the lines of:
To: Secretary of Strata Scheme [Number]
Ref: Double-glazing
I note from your recent minutes that you have asked me to provide a special resolution by-law for consideration at a general meeting. Under the NSW Strata Schemes Management Act 2015 and Strata Schemes Regulations 2016, the installation of double-glazing is deemed to be a minor renovation and minor renovations only require permissions (which may not be unreasonably refused).
Specifically, Part 4, 28(e) of the regulations says double-glazed windows are a minor renovation. Meanwhile section 110 of the strata Act says minor renovations only require approval, which can be given by the committee (if it has delegated authority to act on behalf of the owners corporation, as most do).
(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.
I look forward to hearing what conditions for the installation the committee might require.
That is not legal advice but it is precisely what I would do. Given your admitted lack of experience in strata matters, you might consider talking to someone like our sponsors, StrataAnswers or an experienced strata lawyer (like our other sponsors Sachs Gerace) about representing you in this.
Free advice is only going to get you so far, especially when, as you say, you really don’t know how things work.
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Who do you mean when you say “the strata”? The Strata Manager? That Strata Committee? And why do they say you need a by-law when strata law clearly says you don’t?
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Nike it! is urban slang for just do it.
Well, there you go. I learn something new every day on this Forum.
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