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Yesterday, this OP yesterday attempted to post a variation of the same question under a different heading. I’m posting it here as an example of a couple of things that really annoy me on this Forum.
I informed my Strata I wanted to install Double Glazing, and it was brought up in the general meeting. The result of that meeting is that I need to prepare a by-law to show Strata for consideration / approval. I have no idea how to go about doing this, does anyone have any advice? Do I basically need to find a lawyer to work alongside my window company, to draft up the plans as well as legal mumbo-jumbo, and then put it all forward to Strata for review?
Strike one: if you read through the rest of this thread you will see that the OP has been informed that they don’t need a by-law, unless there are circumstance that they haven’t revealed to the Flatchatters who’ve taken the time and trouble to answer the original query. What’s the point in in asking questions if you don’t read the answers?
Strike two: Starting a new thread on the same question because you’re not satisfied with the first answer is not allowed. This scattergun. pester-power approach clogs up the forum with multiple variations on the same question. If you don’t understand the answers or you want to know what to do next, come back to the original thread. Don’t wander off and start the same process elsewhere.
It annoys me when Flatchatters have wasted their time and energy on people who don’t bother to read the replies. Just repeating the question in a new thread does nothing to lower the blood pressure.
A valid question would have been “I’ve read the responses but the strata committee insists I need a by-law … what do I do now?”
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You may want to read the case below esp [5] and [8] before you nuke (?) it. https://www.caselaw.nsw.gov.au/decision/5c9c232ee4b02a5a800bfa21
Good point, but this case is about someone changing common property without permission. Which is why I was careful to say “be very careful that your works won’t damage common property …”
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Have a look at this Fact Sheet from the Tenants Union. It says that you must allow a “reasonable” number of inspections in the last 14 days of the tenancy. There is no definition of “reasonable” but you can apply to NCAT for a ruling that these extra inspections are unreasonable.
Bringing ten people through is not a private viewing. Maybe you could hang around and warn the prospective tenants about the “terrible neighbours next door” and tell the rental agent you will do this every time unless they pull their heads in.
If you do go down the NCAT route, you can apply online for orders under Section 61(1) “An order specifying or limited the days and times, and purposes for which, entry to the residential premises by a landlord or other person is authorised.”
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I’ve been told by the Strata Manager & NSW Fair Trading that … we have no legal right to do anything further until the next AGM, which is in a years time. Is this true?
It may be true – and I’m not sure it is – but in view of the lack of responses, the key phrase here is “no legal right”. Is anyone likely to do anything if you just go ahead?
I’d be sending a letter from your lawyer to the strata manager saying that in view of the lack of objections, work will be commencing on minor renovations (which don’t require by-laws) on such and such a date. Then, once the tradies are on site, let rip and do the whole job.
You are trying to do the right thing, your neighbours are stalling (or just can’t be bothered to do anything) and you are suffering as a consequence.
You could pursue this through Fair Trading and NCAT but that could be a huge waste of time and money. And what are your neighbours going to do to stop you if they can’t organise themselves to discuss your proposals?
If you do go for it, you won’t be the first strata owners to perform major works and then let the owners corporation deal with the consequences.
That said, be very careful that your works won’t damage common property, the rest of the building or fall foul of local planning regulations … that could be a world of pain.
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I made the wrong reference. Its the Strata Schemes Development act 2015 Part 1 Preliminary 3 definitions
I think the section you’re referring to says “the pipes, wires, cables or ducts that are not for the exclusive benefit of one lot …” If not, please advise.
The question arises, is a valve that is used to isolate the building’s water supply from the lot part of the overall infrastructure or “for the exclusive benefit of that lot”?
Your unit’s front door, which isolates your lot from common property, is common property. It’s not a perfect analogy but it illustrates the issue. Similarly, the isolation switches and fuses on your power board are common property, even though they are connected only to the specific units concerned.
The memorandum says the stopcock is common property and I can see nothing in the Development Act that contradicts or supersedes that.
More to the point, this problem, with the whole building’s water supply having to be shut off so one unit’s leaky taps can be fixed is a perfect illustration of why that is the case.
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In the Strata Schemes Regulations Act ( yeh look it up) there is a definition of common property that says that a pipe or tap servicing a single lot is lot owner responsibility.
It’s the Strata Schemes Management Regulations – only it’s not. It’s the Common Property Memorandum which under Section 8(c) “Owners corporation responsibilities for maintenance, repair or replacement” says “main stopcock to unit”.
Yeh, look it up.
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I wonder about the wisdom of locking the main tap. What if the building is flooding and the person with the key can’t be found?
Oops! Good point.
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Well, you could seek orders at NCAT to prevent the chair putting the posters on common property, backed up by a request for interim orders.
Or you could send the chair a note saying that if your unit doesn’t reach the reserve price, based on Real Estate experts’ advice that no-pet apartments get 5-10 per cent less in today’s market, you will sue them for the difference unless they cease and desist.
By the way, the 5-10 per cent is made up – but I bet you could get your RE agent to say it.
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I’m going to dip my toe in the water here and say that the isolation valve is effectively common property (as it controls water that’s part of the system for the whole building) and so you should be telling the unit owners that they need to replace it. Alternatively, you could replace it at their expense.
Regarding the notice for turning off the water, there are no hard and fast rules but you could pass a regulation saying that it has to be 24 hours in advance and that it must stipulate between what times the water will be turned off.
Just as a genral note, the renovator has clearly done their job on the cheap, and now you and your neighbours are paying for it. Time to turn off that tap (ouch!). Oh, and put a lock on the building’s isolation valve so that this can’t happen again with anyone.
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According to the Strata Scheme Regulations Act 2016 Part 4, 28(e) Double glazed windows are deemed to be a minor renovation and hence do not require approval by the OC.
Yes, they are classified a “minor” renovation but they still require approval under section 110 of the Act (but not a special resolution or by-law, as I previously thought).
(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.
Now, the wording is a little confusing as “approval … given by resolution at a general meeting” could mean that the strata committee could approve the installation, provided it has been given the standard powers to do so. However, they could impose reasonable restrictions, such as that the lot owner agrees that they will maintain the windows at their own expense and that they will not change the external appearance of the block.
But, in a nutshell, you don’t need a by-law but you do need committee approval (at least) which must not be unreasonably refused.
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At least any money raised stays with the OC. And, although difficult to do, can be redistributed back to the owners or used for other purposes.
Before “difficult” insert the word “ridiculously”. Under section 77 of the NSW Act, reimbursement of unused strata funds require a unanimous vote by owners. However, there is a provision for owners to apply to NCAT for the funds to be distributed according to the calculations on which they were raised – i.e. your unit entitlements.
But if one or more people are going to vote against reimbursement – and the thwarted owners will – you might guess they will put up a fight at the Tribunal.
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I went down to Fair trading and they asked why was it refused and I said they didn’t give a reason, I’ve asked for a reason but they refuse to give one. What do I do???
Good old Fair Trading – as useful as a chocolate teapot.
What it seems they didn’t tell you was to raise an action under section 232. You would go to mediation (an obligatory first step) then pursue them at NCAT who will issue orders. You might consider throwing in the four breaches that you mentioned as a negotiating ploy for the mediation. If they let you do what you want, you’ll drop the actions against them.
Either way, don’t leave mediation without a written agreement allowing you to do the work, unless you are prepared to take this all the way to NCAT.
Or you could just do the work and let them pursue you.
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Ah, you need the Flat Chat CWOT (Complete Waste Of Time) calculator.
What you do is add up the hours that you and any other member of the committee spends on this, including time spent lying awake, mulling and fretting, and multiply it by your average hourly rate of pay.
When that sum reaches the designated figure – in this case $300 – you cut your losses and send the strata manager (or whoever) a polite email saying something like “your reluctance to pay is noted and will be a factor when we are considering your next contract”.
Easy-peasy.
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Here’s what I have learned from 40 years as a journalist, author, TV scriptwriter and university lecturer – in every regard, if you can’t make your point in the first couple of paragraphs it doesn’t matter how much authoritative information you provide because your readers have moved on to something less boring or challenging or more relevant to them.
That’s why I suggested that you make your point concisely and add links to the material. I even made the links for you. Anyone who’s interested just needs to click on the links and they can read the whole thing.
Your screeds of copied and pasted legalese made me seriously consider putting a word limit on posts … or even just deleting them. But you are as entitled to express a point of view as anyone.
I’m sorry I don’t achieve your benchmarks for legal comprehension, but I’d prefer to have the very few things I do know expressed in a way people understand, rather than lost in a morass of verbiage.
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