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Third, issue a “Notice of breach of by-law”. This is a form you can download from the NSW Fair Trading web site.
All of the above is correct except that it’s actually called a Notice To Comply and you can download it HERE. Also, the maximum fine imposed by the Tribunal for a first offence is $1100 and $2200 for a repeat offence.
It’s worth noting that the wording means, effectively, you must comply with the specified by-law and you could be fined if you don’t. In other words, it’s a final warning with a sting in its tail.
While we’re on the topic, Notices To Comply do not require mediation if they are ignored – you can go straight to the Tribunal.
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Just for clarity: if OP is represented by strata manager and I lose, the strata still need cost orders to bill me?
Correct. The strata committee does not have the power to bill you invidually for something that is, to all intents and purposes, a collective decision.
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What would be the most effective way to communicate our request to Netstrata, and what kind of documentation would be helpful?
Netstrata probably won’t listen anyway, because it’s in their business model to do what best suits them, in the belief that what’s best for them is best for their clients. In any case, you may already have signed away your rights to run your scheme under a full delegation clause in their standard contracts. You can legally resume control but they might not give it up without a fight.
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Even if i got the Strata Roll and tried to organise a EGM , (which as I understand it’s not allowed since this is not an Emergency )
An EGM is an Extraordinary General Meeting – it has nothing to do with emergencies. You would still need the support of 25 per cent of owners or the majority on the committee to call one.
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There are 87, 000 strata schemes in NSW and that means (theoretically) 87,000 AGMs and committee elections every year. Logically, the strata manager is the only entity that can change the information on the Strata Hub. Strata managers need to be compelled to update the information and inform strata owners of any notices posted on the Hub, but strata schemes need to be compelled to pay a fixed fee for the service. It really is as simple as that.
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This is more complicated than it seems. Your main issue is with the owner of the apartment that was the source of the leak, their issue is with their builder. I would be keeping the strata committee onside in this as this is not a common property failure but you can get them to help you confirm that the other apartment was at fault.
Get an estimate for the repairs ASAP and send it to the owners in the apartment above. Then they can claim it against their builder and the builder can claim it against their insurance.
However, just to complicate matters, your “fixtures and fittings” may well be covered by strata insurance so I would contact the strata insurer directly to see if this is the case. You might get push-back from the strata committee on this as a claim could affect future premiums.
If that is the case, it would be in the OC’s interests to pursue the apartment owner and builder. Did I say it was complicated?
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You are entitled to see the strata roll with all names and addresses on it. If the SM refuses to show you it, then report them to Fair Trading, which you can do online.
By the way, I have changed your absolutely hilarious (IYHO) screen name to something less offensive than the homonym you tried to post. If you approached your committee with the same juvenile lack of respect it might explain their reluctance to engage.
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The most common cause of domestic fires in Australia is cooking accidents and unattended cooking, particularly kitchen fires. This accounts for approximately 45% of all residential fires. These fires typically start when:
- Cooking is left unattended
- Oil or grease overheats and ignites
- Flammable items are left too close to cooking surfaces
- People fall asleep while cooking
That’s not to say Li-ion batteries should be ignored – just that we need to put things in perspective. To minimize the risk of battery fires, fire authorities recommend:
- Only using original chargers from the manufacturer
- Not charging devices overnight or unattended
- Avoiding charging in escape routes or confined spaces
- Inspecting batteries regularly for damage
- Never modifying batteries or using aftermarket components
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If it is the perceived risk Lithium ion and similar batteries, what is next?. Banning charging phones, laptops, cordless drills, portable fridges, bluetooth headsets? They all have batteries.
Good point. The building next to ours had a fire in their garbage chute which started when someone dropped an old rechargable battery razor down it.
The only EV car fire I am aware of was caused when someone disconnected the battery in an airport car yard.
The two flammable cladding unit block fires in Melbourne a few years ago were started by people smoking on their balconies. Was the cause dealt with? No, it was the cladding that was banned, not the smoking.
People will tolerate a huge amount of risk for as long as it’s convenient. Modern apartment blocks are designed to contain fires to individual apartments or common property areas (although dodgy building practices and human stupidity routinely undermine that).
Older buildings and free-standing houses are much more at risk. So evaluate the risk and make everyone aware. Education is the answer, not legislation.
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A couple of thoughts: One washing machine and one drier. Electronic access to the laundry triggers a bill to the apartment owner who accesses it (and a record of who was there).
When you buy or hire the equipment, it may annoy people who have renovated and installed internal laundries who may complain that they are paying for a facility they don’t use but that’s their choice.
Also, coins? Only useful for pool tables and pan-handlers, IMHO.
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Hi, Your wording is strange. Are you attempting to limit the ability of the lot owners to offer the properties as short term rental?
I think the wording is at fault here and I’m guessing that the OP is saying “can the strata introduce by laws limiting which apartments can be deemed owner occupied.”
The owner-occupier loophole introduced by our Airbnb-loving government in NSW is a piece of nonsense, since the term “principal place of residence” has no legally binding definition. Its a policy that encourages apartment owners to do as they please and to Hell with their neighbours.
Say chummy next door stays in his city fringe unit four nights a week, then lets it out on a short-term rental platform every weekend – “perfect for footy parties” the ad says – while he goes and spends quality time with his partner, it is still his principal place of residence.
Or the retired couple upstairs spend three months a year cruising the Med or the Carribean, or pursuing their bucket list tour of South America while there is an endless stream of total strangers coming through the building, is that their PPoR? And the answer is yes.
This past holiday season, we’ve seen harbour view apartments turned into all-night party pads with tickets sold – totally illegally – for events that rocked the whole building. Personally I would have shut off the power after, say, 1 am (also illegal) and let them find out who was responsible.
It’s time this governments and their agencies in this airbnblighted country started looking at the impact of unfettered tourism on the people who live here and for whom our city centres and seaside towns and rural retreats really are their principal places of residence.
Interesting how the short term holiday let (STHL) lobby has managed to convince our dopey leaders that curbing them would have a huge impact on the economy while, at the same time persuading them that allowing them free rein has no effect on residential rental availability.
Just because something is legal, doesn’t make it right. And if it’s so clearly wrong for the majority of people, then it shouldn’t be legal.
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A lot of strata decisions in the past were based on crusty, old, failed solicitors and judges thinking people shouldn’t live in apartments so the rulings tended to ignore the intent and spirit of strata law.
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You want to tell me the problems that drove the reform magically disappeared or is it more the case that what the Parliament intended and what NCAT delivers are divergent?
NCAT is far too often an unaccountable bureaucracy masquerading as a credible judiciary.
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The committee has been told that an owner would have to submit a renovation application to do this.
By whom?
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