Forum Replies Created
-
Replies
-
I also note that the use of the term “strata chairperson” is likely a deceptive way to refer to the “strata manager,” who appears to be attempting to take a portion of the funds.
I’ve seen the agenda and this is clearly not the case. The strata manager belongs to an established strata management firm which is itself a subsidiary of a larger outfit. Their worst “crime” is to facilitate this jiggery-pokery.
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.
Does that really mean that he/she is more disadvantaged than the other owners?
That’s why I suggested they get a ruling from NCAT. We have no idea how much everyone would be disrupted and why he might be no worse off than others. We shouldn’t assume anything – but a mediation or, if need be, a Tribunal ruling would at least hear the arguments
But I think there’s a fundamental principle here – one unlucky owner should not have to bear more than their fair share of costs or disruption because of work that benefits everyone.
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.
Yes, even on private property, including the driveway of a free-standing house. However, the law actually says that you may not “detain” a vehicle once its owner has asked for it to be released. The queue of volunteers prepared to respond to these requests from angry drivers might be quite short. The fairly dubious argument about a wheel clamp potentially damaging a car also applies in a roundabout way to a bollard, if the driver damages the car while trying to manoeuvre out of the space. Have a look at this fact sheet.
The most elegant solution that I have found was the building where committee members would volunteer to park their cars with a wheel clamp attached under a sign near the car park entrance that said “We clamp illegally parked cars.”
Also have a look at sections 650A and 651C of the Local Government Act 1993 No 30 – NSW Legislation.
Getting back to the original question – about residents parking in visitor parking – the strata scheme needs to issue Notices to Comply to rogue parkers and if there’s any issues with the definition of that – I would say a resident is by definition not a visitor – pass a by-law defining what a visitor is for the purposes of their scheme. Once an NTC has been issued, you can apply for fines for any further breaches.
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.
I don’t really see why it’s up to all your neighbours/co-owners to fund your loss of rent if they are not culpable.
Comparisons with a free-standing house are hardly relevant and it’s a matter of responsibility not culpability. The buildingais a whole is benefitting from the remedial work being done. Why then should one owner bear all the costs of disruption.
The Owner should claim against the OC (as they are the responsible party) and they should claim against the builder, who is the culpable party. If that is too onerous for the OC, then the scheme should stump up and pay for the disruption to the apartment concerned.
Again, this work is on common property therefore it benefits the whole building. Look at it from that perspective then explain why any single owner should bear all the costs of the related disruption. The big question is, how do you calculate the disruption – from when the OP can’t rent it out due to possible disruption or when the work actually starts? If the OC dig their heels in, I’d take it to NCAT, just to get a ruling.
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.
I don’t see why they can’t be used to trap someone into a visitor space if they’ve over-stayed their welcome.
I think it’s against the law to prevent someone from moving their vehicle – same law that prevents us from wheel clamping.
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.
The question is, how did this former chunk of common property ever become lot property. If there’s no by-law on file, it’s still common property and you are entitled to access the water heater.
Maybe you could do a deal with the lot owners that if they give you a key, you won’t challenge their right to lock the door.
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 is difficult to have a discussion with the OC when the SM has said it is not their problem.
Is it really not their problem? Just because they say it, doesn’t mean it’s true. Check with CAV.
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.
Ran this past Robert Anderson, President of SCA-NSW who said he would have ruled this motion out of order as it states the payment is for three years when the Act says honorariums must be limited to work done in the previous year only.
I think the sneaky buggers may have shot themselves in the feet.
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.
Going it alone is not going to get you anywhere. Organise through your committee to get an inspection of the whole building, and then get the developer to fix the defects.
The OP is talking about minor or cosmetic defects in his apartment which are only covered by a two -year waranty. The strata committee is not going to take any interest in lot property defect claims – it has nothing to do with them. Likewise, apart from possibly sharing the cost of an inspection visit with another owner, the lot-only defects are between the lot owner and the developer and no one else.
The claims period for major defects is SIX years, not seven, and they should be pursued by the strata committee and the owners corporation, not individual owners.
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 is no such thing as a head strata plan. Every strata is its own entity.
Obviously, in this case there is a community strata plan that encompasses the other strata schemes. They are all subject, to some extent, to the by-laws of the community scheme. I think it’s pretty clear what the OP meant by “head” strata plan.
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.
What you will probably need to do is renegotiate the contract with the SM.
Good luck with that! Why would they change anything? If they haven’t been doing what the owners want, send them down the road at the first opportunity. BTW, the owners can rescind full delegation at a general meeting at probably before that if the strata manager agrees (and they will if they want to keep the contract).
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.
The first thing I would do is contact other residents – tenants as well as owners – and ask them if they have experienced any of these issues. maybe a leaflet unde their doors or in their mailbox. You don’t have to make it accusatory – just a simple question. If more than one person has the problem it can’t be wear and tear.
As for the developer saying they will fix things once and for all, I wouls simply reply that they have responsibilities set out by the SSMA which are not subject to modification by their arbitrary decisions on how often they will fix things. They have a duty to repair or replace lot and common property that is defective and is reported within the time limits set out in the Act and the Regulations – end of story.
If you think it will come to the point where you wish to appoint a lawyer, I would get a group of owners together to fund that in the first instance.
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.
In a nutshell, the strata manager was free to spend the owners corp money without consulting the owners corp beforehand.
So how did you fix it?
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.
The second thing we have found is what is the definition of a visitor?
Absolutely – but every community is different and this is one of those areas where the needs and wishes of the majority of owners can shape your policy. Send out a questionnaire with some basic options. How long can visitors stay when they park overnight? Between which hours? When do they have to vacate in the morning? How many hours a day can they stay in a visitor spot? What about the resident whose romantic partner or aged parent visits for three nights on the weekend? What about airbnb?
Give owners a chance to choose their preferences and at least you know you probably have a majority for a by-law that suits most people.
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.
I would just include an item on the next strata committee agenda that the role of secretary be vacated and a new one elected. This can all be done within the strata committee meeting – although the sacked secretary will still be hanging around like Banquo’s ghost.
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.