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I don’t think it’s illegal. The Strata Committee is usually empowered to act on behalf of the owners corporation (with specific exclusions). Application for a statutory appointment can be made by individual owners – even the Tribunal Member can just do it off their own bat if they think an owners corp is dysfunctional enough.
Individual owners can also challenge the appointment, but it would have to be on the grounds that it was unnecessary or that the original applicants were seeking some kind of material gain. Arguing that it was invalid because of an arcane point of law will get you nowhere.
Also, the Tribunal Member must have had good reason for allowing the appointment – they don’t just hand them out like lollies.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.
There are no guarantees at the Tribunal but I think your neighbours would be hard-pressed to enforce such a by-law retroactively.
And don’t forget that you only have to muster 25 percent of the votes at a general meeting to block a by-law change.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’s called Lysis Silber. Google that for a number of companies offering treatment.
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“When I select ‘pet-friendly’ on the internet property website search function for Mascot and surrounding suburbs it brings up about 70 different properties, which seems quite a few.”
I don’t see what the problem is. Seriously? You are worried because there are too many properties on offer? Most new apartments these days default to the pet-friendly option … that way they aren’t cutting out 30 percent of potential tenants.
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First, read the instructions at the top of the page … that would be a start.
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Interestingly, I was subject to a complaint to the Financial Review by the Executive of Strata Community Australia (Qld) (strata managers) because of an article I wrote in which I said they thought the pre-sale of management rights was “fine and dandy”.
Apparently, I couldn’t say that because they have no official opinion. If they have ever discussed it, and when I asked they refused to say if they had, they hadn’t reached a conclusion.
All I can say is, judge them by their deeds, not their words.
Pre-sale of management rights is legalised corruption propped up by self-interested players, timid politicians and professionals who should know better.
Pre-sale of management rights is a stain on Queensland strata and serves only one purpose – to put more money in developers’ pockets at the great financial and societal expense of apartment owners.
Evil prospers when good people do nothing.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.
This is a tricky (and interesting) one. As in most states, levies and fees are to be apportioned according to unit entitlements (or lot liability, in Vic). However, your neighbours who don’t lease their apartments to the hotel have decided that they don’t want to pay for the added wear and tear and damage to common property, as well as additional electrical charges etc, that hotel guests cause.
So then we find Section 28 of the Act (below). Sub-section 3 says owners are liable to pay for “repairs, maintenance or other works … which are wholly or substantially for the benefit of some … but not all, of the lots.”
If that’s the clause they are using to make levies more in line with usage, then they may have a case. And then we look at 28(1) which says owners are liable for outstanding “fees, charges or contributions”.You and your other holiday letting owners might want to get together and challenge the whole thing at VCAT. You personally might argue that since the debt wasn’t “outstanding” when you bought the unit, you can’t be charged for the portion owing before you bought it.
But one thing does occur to me – if this charge stands up to a challenge at VCAT, apartment owners in Victoria might have found the magic bullet that will bring the wildfire spread of Airbnb-style rentals to a shuddering halt.
28. Liability of lot owners
(1) The owners for the time being and any purchaser in possession of, and any person entitled to receive the rents and profits from, a lot are liable to pay any outstanding fees, charge, contribution or amount owing to the owners corporation in respect of that lot.
(2) A lot owner is not liable to pay or contribute to the funds of the owners corporation a proportion of any amount required to discharge a liability of the owners corporation exceeding the lot owner’s lot liability.
(3) Sub-section (2) does not apply to an amount payable to an owners corporation for repairs, maintenance or other works that are undertaken by the owners corporation on common property or a lot and which are wholly or substantially for the
benefit of some or one, but not all, of the lots affected by the owners corporation.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.
By the way, clicking on CTRL and the Plus (+) keys will make the type bigger
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I think so too, to be honest. But we have had so much trouble upgrading the site without losing all the posts, that tweaking BBpress to look the way we want has taken second place to getting the the thing online after several days of being off air.
Please bear with us for now, but if it’s still looking like this after a week, feel free to jump on us againIf 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.
We are using these automatically generated avatars (identicons) for now, as we ease into a more open use of the BBpress system. By the way, that phrase “open use” gives me the chills, as I anticipate a combination of defamation through self-identification and ambush advertising as we move to post-publication moderation.
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The simple answer is … no – not that we’ve heard of.
The law simply states that everybody has to pay their levies according to their unit entitlements. Exceptions can be made to waive penalty interest for late payments in special cases.
The obvious (if painful) answer might be to downsize to a less expensive apartment, or organise a long-term flat-swap with someone who will take over your place (and its expenses) while you return the favour.
The fact that you own your home is likely to mitigate against you when you apply for other forms of assistance
Of course, if the Airbnb ads are to be believed, you can rent a room to Swedish backpackers and itinerant tango teachers and not only will they pay your levies and provide endless interesting conversations (and tango lessons), you’ll have enough left over to pay for a cruise.
Or not …
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I’m not sure about the opportunist five-year contract but any “plus 5” would fall foul of the three-year limit on SM contracts.
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Please send picture of the “big dog who likes to read and watch TV”.
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Good point – but now that you have started this … it seems to work just fine
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@Curly said:
My main concern is would the OC be liable should one of the stands fall and injure a child ?Is that really your main concern – or is it the fact that a common property area has been turned into a basketball court, with the resulting noise?
If you are genuinely concerned about the OC being sued for damages, check with your insurer to see if you are covered.
But if it’s annoying noise, there are other avenues you could pursue, starting with by-laws that may already exist.
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