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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.
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For the Bathroom – Vanity, toilet bowl, shower screen,
Can you do all that without moving tiles? Move the tiles and you probably affect the waterproofing. Mess with the waterproofing and you need a by-law.
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At the risk of seeming heartless, it feels like you are expecting someone else to fight your battles for you. But there are no stratakops – it doesn’t work like that,
Establish your legitimate grounds for complaint and then seek mediation at Fair Trading with a view to taking action (against the upstairs owner?) at NCAT. No one else is going to fight this for you but that doesn’t mean you don’t have a valid complaint.
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Bear in mind that the landlord probably doesn’t even know this is all going on. Far too many real estate rental managers see their job as being to protect the owners from any hassles or costs and push the rent up as much as they can.
What can you do about it? Politely tell them that you don’t accept either of these responses and that you will pay a reasonable rent rise based on CPI and that you expect a new oven to be installed as a fully functioning oven was part of your original lease agreement.
Otherwise, they can expect a call to NCAT.
If need be, find out who the owners is and contact them directly.
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So claim against the OC but in the end you will be footing parts of the bill.
But that would surely be better than paying all of the bill on your own
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All of these solutions are dependent on being able to identify the offending owner/lot. Many older apartments do not have the sophistication to do this other than by catching the offender in the act.
You don’t have to catch them in the Act … if the car is in the wrong spot for a long time, they have been caught. Most phones have a camera and you can just take a picture of the car. You could pass a by-law requiring all vehicle that pass over common property to have their numbers registered with the secretary but that seems heavy-handed.
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Step 1, consult an experienced strata lawyer. Your usual solicitor probably won’t know exactly what to do. Everything else flows from that and you are going to need one at some stage in all this.
A lawyer’s letter claiming compensation and damages may be all it takes to get things moving, such as finding the funds to get the work done.
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It sounds like you have a claim against the owners corp and they would have a claim against the builder. But I’m going to take a wild punt here and guess that the builder wasn’t insured. If so, the OC needs to step up and raise the funds to fix this by whatever means that they can. And yes, you are probably entitled to compensation for lost rent. Probably.
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The Mayo clinic article you referenced specifically says that there is no risk from domestic air conditioners of Legionaires disease.
Errr, no, it doesn’t. It says
Although it’s possible to get Legionnaires’ disease from home plumbing, most outbreaks have occurred in large buildings, perhaps because complex systems allow the bacteria to grow and spread more easily. Also, home and car air conditioning units don’t use water for cooling.
It doesn’t “specifically” say there is no risk from domestic air-conditioning. It says it’s highly unlikely, partly because water is not used to cool the air. But there is water present in this instance (the whole point, really).
I said the risk is slight but real. I should probably have said there’s very, very little risk, but the Mayo article doesn’t “specifically” say there’s no risk.
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Is there a difference with going with mediation or NCAT, and will the process take long?
You must go to mediation before you go to NCAT (except for in a small number of very specific instances, such as asking for a penalty for a breach of a Notice to Comply, or an application for the statutory appointment of a strata manager).
There is a long delay in the process at the moment but if you can show that there is a chance of severe personal or financial hardship you can apply for an urgent hearing, according to this NCAT factsheet.
When you inform the committee that you will be taking them to NCAT, tell them you will be seeking a costs award to cover your financial losses. That might focus their minds.
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There is a slight but nonetheless real health risk, in the form of Legionnaires Disease, from water dripping from air conditioners. See this link from the Mayo Clinic in the USA.
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I would not advise you to do anything except press your case through mediation and, if need be, an approach to NCAT.
In the meantime I would advise the strata committee that, by refusing to consider the application, they are in breach of their duties under Section 232(2) of the Act, regarding failure to fulfil their responsibilities.
In the meantime pay your $34 to get a copy of the strata roll (consider it a penalty for jumping the gun on rubbish collection) and then write to all owners explaining that you want to do the right thing and you want to avoid any unforseen consequences but the committee won’t let you.
How that will be regarded on the committee is impossible to tell but you might want to slip quietly into the conversation that you could be looking for compensation if this costs you financially.
If you want the nuclear option, apply the NCAT (directly) for the appointment of a compulsory strata manager. That would get their attention.
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I believe you have been told wrongly. Its the OC who pays the excess.
Absolutely. The Owners Corp has benefitted from lower premiums by agreeing to an excess, It’s therefore the owners corp, and not the individual owner, that should pay the excess in the event of a claim.
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The strata manager before that simply wrote a letter on their own letterhead. I would rather use the Fair Trading’s form.
Quite right too. The strata manager’s letter would have no legal standing. It’s the Fair Trading form or nothing.
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