Forum Replies Created
-
Replies
-
The committee has been told that an owner would have to submit a renovation application to do this.
By whom?
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.
Thanks I thought it obvious too but we are always at the mercy of strata committees and I’m sick of constantly argueing. Is there a way to formalise the proces to stop the constant bickering?
As explained, you go to Fair Trading for mediation then, if that fails, to NCAT for orders.
And want about the retaining wall and fence in the middle of my yard?
From your description, I’m not sure what the actual problem is or how you want it to be resolved. I can’t see the OC removing a retaining wall. If it’s on your lot property, then you can suggest they buy it from you an absorb it into common property.
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 solution is actually quite simple. The OC (and therefore the strata committee) has responsibility for maintaining and repairing common property. If they refuse to do so, or ignore your requests for two months, you can apply to Fair Trading for mediation and then the Tribunal for orders under Section 232(2) of the Strata Schemes Management Act, for failure to fulfil a statutory obligation.
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.
Any other recommendations? The door is open!
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.
Any other recommendations? The door is open!
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 might write to the committee and aske them to explain to the other owners about the costs that they are going to have to pay when they lose this fight. If this was happening to me I would write something like:
“Please discuss at your next committee meeting and explain to all owners in the scheme that you intend to embark on a legal challenge that is likely to cost them (but not me) a lot of money.
“Under Section 90 of NSW Strata Law, expenses from a failed legal challange against an owner must be paid out of a special levy from which the owner who wins the case is excluded.
“Also, you may not charge me with “costs” as they can only be ordered by a tribunal under very specific and narrow circumstances, as defined by Section 60 of the Civil and Administrative Tribunal Act (2013) and explained by this factsheet, none of which will apply here.
“I think it’s only fair to other owners that you inform them of the potential consequences of this clear attempt to bully me into accepting your inaction, in refusing to fix a problem that would cost you very little to remedy.
“Those consequences include a special levy to pay for your legal adventures, to which I am not required to contribute. Owners have a right to know what you are planning to gamble their money on.
“They should also be advised that it would be a lot less expensive just to fix the problem than fight the issue, lose the case, have to bear the expenses, then have to fix it anyway.”
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.
Any advice on how to deal with the dripping run off without getting into a battle with the EC?
You only need to get into a battle with the EC if they refuse to do anything. A polite letter asking them to issue a notice to comply with the quoted section of the by-law, or explain their decision not to do so, might do the trick.
If they refuse to take action, you might remind them that they have a duty to enforce by-laws and that failure to do so can lead to action under section 232(2) of the strata Act.
This is not an unreasonable request so if there is to be conflict, that’s their choice and can be resolved through NCAT if they want to go down that road.
Otherwise, perhaps you could have a quiet word with your strata manager and ask them to issue the Notice to Comply – which they are empowered to do. The run-off pipe is there to allow water to escape when the balcony is flooded – it’s not there to provide a permanent escape for dripping water.
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 front door key is the primary level of security for the building and protection of occupants’ property.
I think the OP was referring to the front door of their unit, rather than their block. In the latter case, your observations are totally valid. Electronic is the way to go – that way you can cancel keys when residents leave and do an annual audit to make sure there aren’t too many spares floating around.
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.
We don’t have template by-laws but the Owners Corproation Network (OCN.org.au) and some strata lawyers (like our sponsors Bannermans) have them for sale at various prices. Whatever they cost, it will be a lot less than getting them done from scratch.
we’d be interested to hear from anyone who has bought template by-laws and whether or not it was a worthwhile experience.
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.
Strata in Victoria is a very different beast – reminiscent of NSW back in the days of the CTTT when Members would interpret strata law as if it were some alien set of rules by which no sane person would choose to live.
But the question of “what’s the real problem here?” is relevant.
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 am Chair of our Strata Committee.
We set up “generic” email addresses – ChairXXXstrata@gmail.com, also for Secretary and Treasurer so we could be contacted on specific OC matters.
It’s a good idea. I have heard of strata committees also having a pre-paid mobile phone shared around for urgent matters.
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 may seem like a “clear-cut case” but few if any issues in strata are clear-cut. All you have to do is prove there is a fault or defect in common property, then prove that flaw is causing water leaks, then prove the water leaks are causing the damp, then prove the damp is causing the mould, then prove the mould is harming your health. Attack-dog lawyers might make you jump through all those hoops to deter you and anyone else from exercising your rights.
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.
Sounds like you have some charmers on your EC – the kind who don’t think anyone should have anything they don’t have. Just write them a polite letter inviting them to show how the existence of the solar panels is affecting the insurance premium and you will pay the difference. And send them info on how they could have solar panels too.
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.
Section 82 of the NSW Act allows an owner to be charged differently for insurance if their use of their lot means the insurance premium for the strata scheme is higher.
S82 (2) Individual contributions may be larger if greater insurance costs(1) If the use to which a lot in a strata scheme is put causes an insurance premium for the strata scheme to be greater than it would be if it were not put to that use, so much of a contribution payable by the owner of the lot as is attributable to insurance premiums may, with the consent of the owner, be increased to reflect the extra amount of the premium.
So you could ask the insurer what portion of the insurance is attributable to your solar panels, or you could use your last premium as a guide (although the former amount will probably be less) then ask your treasurer or strata manager to adjust everyone’s strata fees to allow you to pay more and your neighbours to pay less, citing Section 82.
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.