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Check the conditions of sale in your contract and the by-laws of the scheme. It is very unlikely that they will allow families with under-55-year-olds to live there.
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What does it say about parking in your rules (by-laws)?
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People make all sorts of empty legal threats and demands – it’s a form of bullying. As such, there is only one appropriate response: bring it on!
There is no statute that says switching off a device constitutes criminal damage. Personally, these people have been so unhelpful and selfish, I’d be taking the whole thing down.
Meanwhile, have a look at this pamphlet on neighbourhood noise. Your neighbours should not be operating the air-con between 8pm and 7 am (weekdays) if it can be heard in your flat, and could be fined for doing so.
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Your committee and strata manager are having a lend of you. You only require ONE complaint or plaintiff. You might want to point them in the direction of Section 232(2) of the strata Act which deals with Owners Corporations refusing to do their job.
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If I were you, I would seek an interim order by going directly to NCAT using this form.
Your application should be to require the secretary to call a general meeting before the NCAT hearing to discuss the issue of legal representation at that hearing.
Oh, and at the general meeting, you might put the removal of the secretary on the agenda too.
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I knew this reminded me of something. Bit of a horror story but at least the guy was jailed for 18 years:
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The friendly hitman or tough relative strategy could backfire badly. The advice above to tell the police and not leave the police station until a statement has been taken is the best course of action. Get it on record with them, then your committee, then anyone else who may be able to help. This person clearly has something wrong with them. That is not a good basis for issuing threats.
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The abilities of some strata schemes to not get involved knows no bounds … hence my cheeky suggestion above.
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As ever, Sir Humphrey is so much more reasonable than I. I’d make an effort to find out who owned the stuff and if that failed, I’d park it on common property – THEN it would be a strata issue for sure.
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Provided they aren’t over-crowding, or breaching the terms of their lease, they can have as many people as they want, staying as often as they want, when they are there. However, if they are actually letting the unit on Airbnb, then you need to look at your by-laws.
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Agree with Bn – if you have a by-law specific to garage door openers than that would be an item you could exclude from the Common Property Memorandum as not being necessary.
In any case, I wouldn’t take anything you get from Fair Trading as gospel. They don’t get to make the law, whatever they might think.
Finally, larney, I went looking for links to the “Common property memorandum” using our search function and it took me about a second to find this link. So, you’re probably right … you did something wrong.
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The strata manager can’t do that (legally). You have them sacked by firstly reporting them to Fair Trading and inviting them to resign and then by going to NCAT. Or just threatening to do that … they should get the message.
If you’re not sure what to do, click on the ad for Strata Answers and ask them if they can help and how much it will cost.
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Seriously, I would be looking to move out – which may also require taking action at Fair Trading to allow you to break your lease.
It sounds like you are in one of only two units – and that makes things tricky when it comes to sharing electricity etc. It may well be that the landlord isn’t even aware of what the agent is saying and doing.
I strongly recommend you have a look at the Tenants Union website (www.tenants.org.au) where there is a wealth of information about your rights (including, I think, information about electricity supplies).
But let’s face it, as soon as your lease is up, the landlords are probably going to want you out anyway. So start looking for alternatives now.
And by the way, some councils won’t allow street parking permits for strata residents, regardless of whether they have parking in their block or not. But again, you may just be at the mercy of a lazy rental agent.
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The strata committee is initially formed at the end of the first AGM. Any contracts signed before the first AGM are invalid unless they are ratified by a majority of owners at the first AGM.
Sounds like someone is on the fiddle.
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The secretary can go ahead and hold the meeting regardless, provided they send out the agenda to all owners one week (I think) before. You don’t need the strata manager to attend or even approve . You are the boss of the SM, not the other way round. If the SM refuses to send out the agenda – sack them. They aren’t doing their job.
The exception, of course, would be a statutory appointment manager, who may tell you there is no committee to meet.
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