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You need to prose the installation in writing and you only need a 50% vote in favour. The Owners Corporation (all the owners who vote at meetings) can’t unreasonably refuse an accessibility application – meaning they have to have a good reason for saying no, or face the expense of going to a tribunal which will probably overturn their objections if they aren’t valid.This is from the NSW Fair Trading website: https://www.nsw.gov.
au/housing-and-construction/ strata/living/renovations#toc- major-renovations-for- accessibility 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.
You need to look at the block’s strata plan and see where the stratum line is (usually level with the slab of the next floor up). Any trees higher than that level are probably intruding into common property and are therefore subject to the OC’s responsibility and control. Have look at this website for a legal explanation but you could put pressure on the strata committee to do something about the trees if your neighbour won’t.
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Section 116 (3) of the Act says this:
Section 50 (1) (d) of the Interpretation Act 1987 does not apply to an owners corporation.
Note : Section 50 (1) (d) of the Interpretation Act 1987 provides that a statutory corporation may, for the purpose of enabling it to exercise its functions, purchase, exchange, take on lease, hold, dispose of and otherwise deal with property.
So my very non-legal advice is, I don’t think so.
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What I’m suggesting is that an OC themselves can be authorised to arrange for the inspection (and replacement) once a year.
This is exactly what will happen. It’s about the frequency of the inspection, rather than the person inspecting (although there may well be a requirement in the regulations). This is what the proposed amendments to the legislations say:
Section 118 Window safety devices—child safety
Omit “5 penalty units” from section 118(1), penalty. Insert instead “50 penalty units”.
[71] Section 118(1A)
Insert after section 118(1)—
(1A) An owners corporation must—
(a) properly maintain the window safety devices and keep the devices in a
state of good and serviceable repair, and
(b) without limiting paragraph (a), ensure the window safety devices are
inspected in accordance with the regulations.
Maximum penalty—50 penalty units.It’s worth noting that the proposed maximum fine for breaches has gone up from $550 to $5,500
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I can see both sides of this argument. As a Tassie owner, I’m curious about what the actual standard is that the locks must comply with. Is it a national standard or a state one? Does anyone have that link?
This from AI: Treat with caution and refer to original quoted sources.
Australian building codes require childproof window locks or safety screens on high-risk windows where a fall is possible from a height.The rules are set out in the National Construction Code (NCC) and apply across Australia to prevent accidental falls by young children. [1, 2]Where Window Locks Are Required- In bedrooms: The internal floor is 2 metres or more above the ground outside.
Technical Requirements for LocksAccording to the ABCB Advisory Note on Protection of Openable Windows, approved devices must meet strict performance standards: [1]- Opening limit: The lock must restrict the window opening to a maximum of 12.5 cm (125 mm) so a young child cannot fit through.
- Strength test: The device must withstand an outward horizontal force of at least 250 Newtons (25 kg).
- Release mechanism: If the window can be opened fully past 12.5 cm, the lock must feature a child-resistant release mechanism. This requires a key, a tool, or a coordinated two-handed action to release.
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This link quotes outdated (2013-18) legislation and not the new changes.
That may be because the old legislation is still in force and the new rules are being held up by horsetrading in the upper house where the minor parties can hold up important legislation by making demands for concessions on other legislation that has nothing to do with strata law.
You can see a summary of the proposed changes on the Bannermans website. In essence, they will pass responsibility for inspections to the strata committee but they will demand a regular inspections schedule.
It’s not just window locks. I’ve been told that the new regulations on compulsory training are not strictly legally enforceable because the laws behind them have not been passed yet.
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Can separate legal action be taken against strata for the things we cant claim on insurance?
I am not any kind of lawyer, let alone a personal injury brief, but this does point up a common misconception in strata living: In a nutshell, a strata scheme’s liability is not limited by the extent of its insurance cover.
In other words, your block may only be covered for the absolute minimum legal requirement under strata law, but it may have liabilities beyond that. Or the insurer may put a limit on the amount that it will pay under specific circumstances.
However, if the scheme is legally responsible for damages beyond the level of its cover, it still has to pay. Your real problem in this situation could be that the cost (in legal fees and time) of pursuing full restitution amy outweigh any financial benefit.
Chat to a lawyer. Many will give you a free 15-minute consultation to let you know your options and the likely outcome.
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As far as I recall, the regulation only requires that locks be fitted, not that they be used. But the legislation does take care of situations where the landlord or rental agent never gets round to fitting them, or making sure they have been fitted, by passing the responsibility to strata schemes.
On the question of balustrades, the wire and post arrangement was probably in breach of local planning laws, largely because the owners could not guarantee that no child would ever be in the apartment unsupervised. And I recall a retired coucil inspector writing to us years ago to point out the planter boxes next to balustrades were illegal for exactly that reason.
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I believe there is legislation going through parliament to limit building manager contracts to three years (rather than 10). Your scheme is ahead of the game.
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As far as I can tell, the lot owner is responsible for the damage to the unit where the leak occurred – which they can claim against their own insurance. And the Owners Corp is liable for the cost of repairs to common property, which they can claim against strata insurance. If there is an excess on strata insurance, the OC can claim charge that to the lot owner who can claim it through insurance or directly from the tenant.
But there is another point here – who is really responsible? If the plumber told the tenants to turn their taps on fully but didn’t tell them to turn them off, surely the plumber is partly responsible, at least.
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You can read the Bannermans summary of the window lock regulation changes HERE.
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People who purchase into a strata scheme should understand that they are not simply buying a private apartment with an unrelated management service attached.
Good idea but who would provide the information? Developers? Real estate agents? That’s who purchasers deal with before they buy and they’re unlikely to do anything that makes potential customers think twice (or at all).
Solicitors and conveyancers? Already too late. Maybe the government could require potential purchasers to log into their website and get a code that they’d need before they could complete the purchase. Like the much-vaunted short-term letting register, perhaps. Wait a minute!!!
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I suggested to a conference years ago that strata by-laws should include a couple of examples on their front pages of by-laws that the strata committee keenly enforced. Things like: “We take noise compalints seriously” or “we stringently enforce rules in relation to visitor parking”. In other words, the kind of issues that plague some schemes more than others. The reason for not doing this, some strata managers argued, was that it would make the other by-laws look less important and encourage owners to ignore them. To which I say, sometimes it’s better to try something that might be a minor mistake than play it “safe” and do nothing at all.
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Stratahub will have the records of who has completed training and has the details of the strata management, secretary etc, so should easily be able to make the training qualifications available to the secretary, manager and the owners.
Ah, but will they? I can hear the “privacy” squeals already. The website says nothing about the records being vailable on the Hub so I would assume they won’t be.
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