[Jimmy-T]

The issue raised by the original poster is one of security for the complex (specifically the other garages).  If access to non-residents compromises the safety and security of the block, the OC is entitled to make any reasonable demands on owners not to give access to common property to strangers.

Many years ago I was on the committee of a Meriton block that had been given permission to build higher provided there was parking for tenants in the adjacent Housing Commission building.  There was free access from the parking to every floor in our building.

We discovered that some of the HC tenants were renting their car spaces to outsiders and, bearing in mind this was Kings Cross in the 90s, we felt our security was not only compromised, but non-existent.

Various ideas were mooted, such as electronic controls on the lift and an internal gate inside the garage but we thought we’d just upgrade what we had and make the best of it. 

So we passed a bylaw that all residents had to register their car number plates with our secretary, in order to receive one of our snazzy new computerised entry fobs.  We sent a letter to the Housing Commission asking them to let their tenants know about the new arrangements.

Instead, of them passing on the message, we received a lawyers letter demanding that we immediately hand over something like 30 active keys for them to distribute as they saw fit.

We went to Fair Trading and the CTTT (as was) who upheld our right to take reasonable measures to safeguard the building’s security by asking residents of both buildings to register their vehicles with us.

Within a week, the car park emptied of non-resident cars and suddenly 20 spaces that were previously full every day had no vehicles in them. Meanwhile HC residents who registered their vehicles were still able to come and go as they pleased.

Were we being over-zealous?  Twice residents had been attacked in their homes by people who had somehow gained access from the street, drugs were being dealt out of our rear fire door, one cat burglar got on to the roof and used a fire hose to slide down to a balcony (but couldn’t get out of the flat because the door was deadlocked) and there someone was permanently living in a security cage that had been erected (illegally) around a car space.

It’s all about accountability.  You are entitled to know who has access to your common property.  If people aren’t prepared to give that information, then they can take their vehicle (and sense of entitlement) elsewhere.

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[Jimmy-T]

@reddant said:
Thoigh the article says at step 4 that you go to an Adjudicator after mediation has failed. I thought Anudicators had been scrapped.  

If you mean THIS POST, it doesn’t actually say you apply to an adjudicator, it says you apply for adjudication.  And a little further down the page it explains that the “paper adjudication” has been scrapped – so no “paper adjudicator” before you to a hearing before a Member. 

I thought it was perfectly clear  – but thanks anyway for leading me to a broken link.

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[Jimmy-T]

David2708 said :
Have seen conflicting accounts of how much you can increase the annual levies. Someone said 10% maximum  but that sounds dubious.

I suspect this comes from the rule that you can’t overspend on a budgeted item by more than 10 percent without approval from a general meeting.

It’s a good example of how people in strata often get things half-right, which means, of course, they are completely wrong. 

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[Jimmy-T]

Dr Sherry is 100 percent right – this is a planning issue.  Unfortunately, our planning authorities have completely abrogated their responsibilities on this, for fear of appearing “uncool” to a minority of their residents.

Internet online agencies are encouraging residents of our apartment blocks to break the law – yet somehow get themselves hailed as heroes for the odd highly selective act of charity.

Jon Faine was right – they are predators and parasites – and the only reason they are a problem is that our local authorities are too gutless to stand up to them.  Shame on the lot of you!

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[Jimmy-T]

@HappyStella said:
I would be interested to know how to  kickstart that process if the other party is not willing to play ball?

The simple way forward is to ask for mediation at Fair Trading (which is now free).  That might resolve the issue, but probably won’t, however it is an obligatory first step in seeking orders at NCAT to get the problem resolved.

If the upstairs landlord refuses to participate, then they only have themselves to blame if they end up being served with orders to re-carpet the floors.

There are dozens of posts and topics on this website regarding the flooring issue.  Have a sniff around and you will see how others have dealt with it. 

But bear in mind that attitudes are changing and what was once seen as “part of living in strata” is now more likely to be regarded as an intrusion into your right to the peaceful enjoyment of your lot, to enhance the value of a neighbour’s apartment at your expense.

You’ll find the Fair Trading mediation form HERE.

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[Jimmy-T]

@JC said:
What I really don’t understand is the determination of strata managers to not use e-mail delivery of notices when they are clearly able to.    

I may be wrong here but I think strata managers are concerned about the implications of being accused of failing to deliver notices, as per their legal obligations, when email addresses are a lot less reliable than physical postal addresses.

For instance, because my own email address is from my website and therefor from a non-standard provider, my emails often end up in the spam folders of people and organisations who adjust their email security settings to the maximum.

I think it’s that lack of certainty and the potential for increased numbers of people who don’t even read the agenda for their AGM then claiming they didn’t get the email when a decision is made that they don’t like.

Notwithstanding acceptance of email as a legitimate delivery system, the NSW Act only tells us that ‘written’ notice of a general meeting must be ‘given’ to owners.

I am sure most strata managers would love to do this by email but many fear the consequences of disgruntled owners saying they never received the notice with no way of showing that they probably did.

Getting owners to click on the trackback button would be a way around this but that requires a level of engagement that many simply don’t possess.

One way around this may be to have an integrated online communications system like  the one provided by our sponsors Stratabox

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[Jimmy-T]

@M S said:
Your responses suggest that we might not be able to enforce the arrangement we already have, let alone any exclusive use arrangement?

No, I think you are OK, provided you have the council advice in writing.  I even think you might get away with letting one space as there is no specific, formalised planning requirement (although I would strongly recommend against it, as it would create a precedent).

The question of enforcement arises when you have, for instance, a resident who uses visitor parking in breach of your by-laws and you then hit them with a Notice To Comply.

And the best way to get around that is to make sure your by-laws are absolutely clear on what constitutes visitor parking, who can use it and how long their vehicle can stay (with written permission required for longer term visitor parking).

The previous poster wanted to control their informal visitor parking without a by-law.  I should have said in my response that, regardless of the expense, a by-law was the way to go.

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[Jimmy-T]

@gwyn said:
One of the residents is creating a fuss to state that the areas with the lines is all Common Property and therefore no cars should be permitted to park there without specific approval, or a by-law to state this. 

The Strata Committee would rather avoid the cost of creating a special by-law to identify these parking spaces as such, but is there any other solution?  

The fact that there are no parking places marked on the strata plan suggests that this was not part of the planning approval for the scheme.  Thus, any attempt to formalise the arrangement through by-laws could be challenged (as you can’t create a by-law that supersedes a superior law).

However, if you have the very common by-law that says you can’t park on common property without permission, all the committee has to do is pass a motion giving residents and visitors permission to park on the designated areas provided they obey certain restrictions (like, not being in the same spot for more than 12 or 24 hours, or whatever works).

Common property is there for the common good and as long as no residents rights are infringed, or the privileges aren’t unfairly distributed, and the law isn’t broken, semi-formal arrangements such as I have outlined here are perfectly acceptable.  

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[Jimmy-T]

Assuming that there is a by-law in place that prevents you from drying your washing on your balcony, then yes, of course you can change it. And if there is no by-law, then you have nothing to worry about – it’s not against the law.

The question then becomes, how do you change it and that is done by proposing it at your next AGM. You will need 75 percent of the unit entitlements of those voting in person or by proxy to do so, so you’d be advised to canvas opinions before you do this.

You might also suggest a compromise including that it only happens on weekdays (so as not to offend potential burs or renters) and that otherwise laundry must not be visible from the street or from other units in your block.

But as I say, get the opinions of your neighbours than see where that leads. 

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[Jimmy-T]

I’m assuming you don’t have a strata manager or that if you have, they are spectacularly inadequate at their job.

This is what I would do in your position:

First, download a copy of the Strata Schemes Management Act  (or read it online) and have a look at sections 119 – 124, and 151.

Then have a meeting (a properly constituted EGM) and pass a by law that all electrical and plumbing work done inside a lot must be carried out by a licensed trades person.

You might also get authority from the meeting to engage an experienced strata lawyer to offer you some advice.

Either way, my next move would be to send a notice to the owner that you require access to the properties by a professional tradesperson to examine them for potential repairs to common property.

I would add that you are seeking access under section 122 of the Act which allows for fines of up to $550 for a lot owner who hinders access under this provision.  This would apply to each lot.

If the owner refuses or ignores the request, then you can start proceedings at Fair Trading leading to orders from the Tribunal.

I can’t express too strongly that, especially if you think the owner is likely to be obstructive, the sooner you engage an experienced strata lawyer, the better.

Regarding the tenant’s behaviour, find out if the owner has provided them with a copy of the by-laws (another breach of the Act and potential fine if they haven’t) and start hitting them with Notices To Comply with potential fines if they are ignored.

Regarding the violent and aggressive behaviour of the tenant’s visitors, you need to make this a police issue as soon as possible and you might want to have a preemptive chat with your local police station’s community liaison officer (or whatever they are called these days) including about taking out an AVO to keep the person away from your block.

Finally, the most important think you can do is to make sure all the other owners and residents are determined to see this through. Dealing with a recalcitrant owner can go one of three ways:

1. they are embarrased and fix things;
2. they ignore you;
3. they react aggressively (often because they don’t realise they can be held to account and fined substantial amounts of money).

Hope for scenario 1 but be ready for scenarios 2 and 3.

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[Jimmy-T]

OK, the only way you will resolve this is by taking it to the Tribunal.  No one else can fix this for you.

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[Jimmy-T]

There’s no penalty for that specifically but under section 238 (below)  you can take them to NCAT seeking orders to have them removed from the committee  for acting improperly. 

But why would they be in cahoots?  What were they trying to avoid having discussed?

 

238 ORDERS RELATING TO STRATA COMMITTEE AND OFFICERS

 

(1) The Tribunal may, on its own motion or on application by an interested person, make any of the following orders:

(a) an order removing a person from a strata committee,

(b) an order prohibiting a strata committee from determining a specified matter and requiring the matter to be determined by resolution of the owners corporation,

(c) an order removing one or more of the officers of an owners corporation from office and from the strata committee.

(2) Without limiting the grounds on which the Tribunal may order the removal from office of a person, the Tribunal may remove a person if it is satisfied that the person has:

(a) failed to comply with this Act or the regulations or the by-laws of the strata scheme, or

(b) failed to exercise due care and diligence, or engaged in serious misconduct, while holding the office.

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[Jimmy-T]

@Mailbox said:

So my question is do we have the right to kick up a fuss over this?

I reprint that part of the original post because, apart from Scotties response, we are kind of drifting off the main question.

Personally, I think you should be looking for some kind of rent reduction – at the very least – or even temporary accommodation until the infestation has been dealt with.

Contact your local council’s environmental health department to establish whether or not the unit is actually uninhabitable.  Then contact the landlord, and failing any real assistance, Fair Trading.

Do you have a right to kick up a fuss? My oath! 
 

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[Jimmy-T]

You are better to take everything inside your flat where you get to decide what to do. Try low-profile mat like this one and/or an internal door seal like this one or this one.

There are other similar products available – these are just to give you an idea.

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[Jimmy-T]

@Digby said:
I would seek approval … If the OC approve and the event occurs the focus is shifted from you personally & onto the building strata scheme.

Which is precisely why most OCs won’t approve owners’ mats on common property. 

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