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Did you use a lawyer who specialises in recovering unpaid levies. They will know. If you didn’t, did you realise that the reasonable costs of debt recovery can be added to the original claim?
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This is taking over the whole Forum. Obviously , my message about not bickering publicly didn’t take. I am shutting this down right now. Any attempts to re-launch this under other topics will result in a ban from the Forum.
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Obviously , my message about not bickering publicly didn’t take. I am shutting this down right now.
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OK, I’m shutting this down. You folks (Shackelton and Newlsie) need to accept whatever has been decided at NCAT, switch off your inner bush lawyer and maybe sit down and agree to disagree. Public bickering doesn’t do this Forum any good and I’m guessing it’s not helpful for your community, either.
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Agreed. But I don’t see how one person or business can “own the Owners Corporation” unless they own all the lots in the building.
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Sounds like a rort. Speak to a lawyer (because you’re going to need one eventually anyway).
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Braveheart’s post is mostly right in its general thrust but a bit shaky on detail.
The OP says approval was given by the agent ‘and obviously the owner’. However … it is not clear that a specific request was put to the landlord and that written approval was then provided by the landlord. The rental agent has no authority to give consent.
Really? Can we assume that the rental agent has “no authority to give consent”? If the rental agent has the authority to sign the lease then they can also authorise other aspects of the lease. FYI, in Victoria, landlords can’t unreasonably refuse consent for pets.
Assuming that the OP did in fact receive approval in writing from the landlord, the next step is to write to the OC via the Strata Manager …
They could just write directly to the strata committee … especially if there is no strata manager. And it depends on the by-law in place. One of the two optional by-laws in the model by-laws in NSW says the resident only needs to inform the OC that they have a pet.
… requesting permission for the animal, including a copy of the written consent of the landlord, and as much detail as possible about the animal as to its size, breed, character, vaccinations, micro-chipping, how waste will be managed, how it will be exercised and so on.
Again, the demand for any such detail would depend on the by-laws and “house rules”. There is no default legal requirement for such detail.
What should not happen is that the prospective tenant just moves in with the animal without written consent of the landlord and without written permission from the OC, and simply pretend that fait accompli will prevail.
Well, yes to the former (if you include agents) and “depends” to the latter which is subject to whatever by-laws are in place.
This is a cyclical ploy …
I assume you meant “cynical”. Sometimes people just don’t know – especially if they are getting mixed messages and incorrect information. That’s why it’s important for Owners Corps to make it clear what their polices are, and the by-laws that relate to them.
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Fences and gates are basically governed by the terms of the fencing Act. If the fence separates lot property from common property then the costs are shared 50-50. If they separate two lots, costs are 50-50 between lots and (I think) if the fence separates lot property from non-common property (e.g. it’s an outside fence), the costs belong entirely to the OC (although I would need to check that).
On the question of establishing via a by-law that the the fences are common property, what difference does it make since all four of you have to pay, one way or the other?
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But nothing …
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The Owners Corp has an absolute duty to repair and maintain common property, regardless of whose fault it is. The ongoing debate over flammable cladding proves that even if it’s not the OC’s “fault”, it’s ultimately their responsibility.
So, if you can establish that similar flaws have been repaired by the OC previously (indicating that it was accepted as a defect in common property) then you can offer them the two options – either they fix it, expediently, or they refuse, you take them to the Tribunal, they waste money on lawyers and strata managers … and then they fix it (and you don’t have to pay a share of the costs of them defending your case).
If you want get bush lawyer on them, quote Section 106 and Section 232 of the Act
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That would be right here.
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Of course the statutory manager can set the levies – otherwise they wouldn’t be able to manage the building. You can appoint someone to view the documents on your behalf. And if you are unhappy with your strata manager, next time don’t go for a statuory appointment, just ask for NCAT orders to have them removed (but you’d better have good reason).
You might want to look at hiring a strata advocate to represent you like Nick penny (nickp@intensive-care.com.au) or the team at Strata Answers.
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This is very irritating, arguing the same case across two topics.
And it’s ducks, not ducts.
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