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And that will only happen when you MPs ealise that strata owners are a powerful group and only sucking up to developers could lose them their seats. Organise, make an noise and join UOAQ.
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The entrance door or gate to a communal car park is common property, not lot property. In fact, many doors on individual garages are common property too.
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In NSW strata managers are obliged by law to provide three quotes or explain in writing why they haven’t done so. There could be a valid reason such as fewer than three companies being prepared to cover the scheme.
However there is nothing to stop committees sourcing their own quotes, albeit at the risk of seriously upsetting their strata managers (see previous posts).
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What you’ve said is not exactly what I have said.
I have said in the past that changes to common property that were done without approval (or restriction) are the responsibility of the owners corporation once the owner who made the changes has moved on. I’d like to see any evidence that this is not the case.
But regardless of that, a subsequent owner still has a responsibility not to damage common property
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If you are an owner, you are entitled to see any document created by or for your strata scheme. Try again but if that fails, a letter from a lawyer might shake them up.
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Schedules 1 and 2 of the NSW Act specify that there must be 7 days notice given of a general meeting, with minutes issued withing 14 days. Strata committee meetings require only 3 days notice with minutes issues within 7 days.
There is considerable debate over what “detailed” agendas and minutes actually mean. Some people think it means every tiny aspect and cough and sneeze in the discussion. Others say, just bullet points, headlines and results. But owners can instruct the secretary on how detailed they want agendas and minutes, through a vote at a general meeting.
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Section 81 (4) of the Act says this (my emphasis in bold): If the owners corporation is subsequently faced with other expenses it cannot at once meet … it must levy … a contribution to the administrative fund or capital works fund, determined at a general meeting of the owners corporation, in order to meet the expenses.
Just my opinion but I think you are locked into paying for the original purpose for which the money was raised. That said, I think Sir Humphrey is right that no one is going to be jailed if a general meeting diverts the funds to an unexpected and more pressing issue
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I just did a search of “retired lift engineer” in Linkedin and several names came up including retired engineers and consultants. That could be a starting point?
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So, your neighbours have effectively annexed common property for their private use so they can extend the effective living area of their homes, without compensation to the Owners Corporation.
This is a land-grab by any other name and your Owners Corp should be asked exactly why they are allowing this to happen without any payment to the OC.
Maybe they don’t want to call it a parking area because that would involve a DA from the local council, but a parking area is exactly what it is. And while they are pleading innocence and trying to show that they are just being good neighbours, they are also deliberately playing fast and loose with the truth.
Is it a parking area? If it has feathers, waddles and quacks like a duck … it’s probably a duck. But it’s time to stop fighting aboput who parks where and say – OK, if you want to play it that way, there a re rules and processes that you have to follow.
Your motion at the AGM should be that the Owners Corporation seeks suitable compensation from the beneficiaries of their generosity as well as a by-law that passes ongoing responsibility for the parking area to the people who park on it so that they can have a games room.
Otherwise the OC should order the owners not to park there and pursue them with notices to comply if they do so. If they fail to do that, then you can (and probably should) pursue the committee through NCAT for failure to fulfil their responsibilities under the Act.
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There is a distinction between common property and communal property. For instance, your balcony is technically common property – in terms of who has responsibility for its maintenance – but that doesn’t mean every other owner is permitted to access it.
Even communal property like a swimming pool may be subject to restrictions on the hours you can use it. And common property areas such as the roof may have a complete ban on owners’ access.
The same applies to utilities – unless you have a legitimate reason for requiring access to fuse boxes or powerboards, then they should be off limits to most owners. Why? Because of potential dangers to owners and potential detriment to the rest of the scheme if anyone and everyone can go in there and start messing around.
That said, if you have a legitimate reason for requiring access, then the strata committee (or whatever it’s called in WA) should be able to allow it, subject to reasonable restrictions.
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You are not allowed to disturb the peaceful enjoyment by other residents of their lots at any time day or night.
You are also not allowed to play loud musical instruments (without permission) after 10pm on weekdays and midnight at weekends in NSW or the the police can be called.
As for the tenant not caring, abiding by the by-laws of the building are probably a condition of his lease. So make him care by getting the committee or strata manager to issue a Notice To Comply – if he ignores it he could be fined and even evicted.
Finally, a short note saying something like “have you heard of headphones?” might work wonders.
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The same laws regarding defamation apply in strata as outside, except for what they call “qualified privilege” which basically means that if I am critical of you as part of discussions related to the running of the building, and I do it in a non-malicious way, then I am probably OK.
For instance, if I say you are always parking in visitor parking and you consistently ignore notices to stop doing it (and this is true) then I am OK.
However, if I say you are a selfish B… and that this is evidenced by you parking in visitor parking … but you are also a trouble maker and a bit creepy and someone has overheard me say I’m going to get you because you ran over my cat, you might have grounds for legal action.
Having witnessed a couple of defamation actions at close quarters, I can tell you that you need deep pockets to run one, and nerves of steel to defend yourself, even when you are 100 per cent in the right.
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Have a look here where all is explained.Then go here where readers ask and answer questions (and tell their “horror” stories).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.