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Can we just clarify – is this parking space a separate lot. part of your lot or part of Common property over which you have legitimate (and by that I mean documented) exclusive use?
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I believe if he is planning to make changes to common property then it needs a General Meeting to approve the design and the cost.
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The Property Manager is the employee of the owners, including your landlord. As part of his duty to the owners of your unit, he should be relaying your concern to them. If he is also the letting agent – which is often the case – you have one of these clear conflicts of interest where he is supposed to be reporting your complaint, which may be about him, to the owner so that the owner can complain about him to the EC (which is more likely than not controlled by him too).
This is why long-term caretaker contracts are one of the most profound corruptions of the allegedly democratic system of strata living.
In your case, if you are getting nowhere with issues, deal directly with the owner or go to Fair Trading (Tel 13 32 20). You will also find lots of good advice on the Tenants NSW website.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.
@Whale said:
From 1 March 2013 the Provisions of the Regulation (2012) to the Public Health Act (in NSW) have been broadened to include pools and spas in a “hotel, motel or guest house or at holiday units, or similar facility, for the use of guests”.I believe that definition would apply to Strata Plans …
Hmmm. I’m not sure that will apply to strata unless part of the strata scheme is officially used for commercial lets (as opposed to residential tenancies).
However, I do think the “repair and maintain” clause cited by Excathedra applies and Grahammmm should consider taking action at the CTTT to get them to issue an order to the Owners Corp to fulfill their legal responsibilities.
Or, even better, warn them that he may do that, and that doing nothing is not an option so they may as well get on with it.
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Keep it factual and financial avoid emotional and, especially, personal. Even when a decision was (or wasn’t) made by the Chair, attribute it to the EC. Be wary of anything that seems spiteful or is defamatory.
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What do your by-laws say about use of common property, children playing on common property, noise and access? I suspect that’s where you will find your solution
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That’s why I set up the topic “Why I love living in strata” The fact is that people don’t write in when they are happy. Why would they? So this is a very skewed view of strata living, no doubt.
But, to put a positive spin on it all,when people who have problems , questions and doubts come here, at least they know there is a whole bunch of knowledgeable people out there who are happy to lend a hand. Try getting help when you have problems with a neighbour in a free-standing house – then people might appreciate the advantages of living in a well (if not perfectly) run communityIf 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.
Register a .com (not .com.au) website and pay extra for it to be anonymous.
Get the cheapest hosting you can find.
Create a website with WordPress.
Protect its content with a password
Load it up with lot of material detailing your gripes (try not to make it personal, defamatory, abusive or generally nasty)
Send a note saying “do you want to know how your EC is costing you thousands of dollars a year?” to all owners.
Include the website address and the password
Communicate only using the website’s email facility.
This will cost less than $80 – roughly the same as a complaint to Fair Trading.Be prepared for dog’s abuse when they find out it’s you – and they will because you won’t be able resist telling someone that you are SecretStrata.
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Apologies for having taken us down the diversion of whether or not a locked door is a hindrance.
The key point here is that the original problem was the responsibility of the original poster, Caj – the pipes were in their lot and not in the wall and therefore personal property and not common property.Therefore any damage resulting from the failed pipe is the lot owner’s responsibility too.
Caj is understandably aggrieved that the neighbour (and chair of the Owners Corp) could have done more to prevent the problem but didn’t.
That’s as a may be but there is no legally defined duty of care implicit in the role of Chair of the EC. The best you can hope for is to remove them from office at your next AGM.
But there are dozens of circumstances where the neighbour simply failed to make a connection between the problem and possible solutions – panic, too much festive cheer, distraction by visitors and combinations thereof are the likely suspects.
The important thing for Caj to do right now is to remember that we and our neighbours are locked into long-term relationships. Lingering resentment over what could and should have been done is going to taint every day of your life for as long as you and your neighbour are sharing the same space.
The sooner you can get over this, the better for everyone – and the sooner you forget who should have done what and when and deal solely with the practicalities of what happened and it’s consequences, the sooner you’ll get over it.
One other thing – burst washing machine hoses are a common cause of flooding in homes. Turn off your taps after each wash and check your connection hoses every couple of years – they are the weak point in the water delivery system and they will fail, sooner or later, if neglected.
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Here you go, Tess – it’s HERE
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Just click on the ad for Integrated Consulting, have a chat with them and they’ll advise you on your best course of action. They wouldn’t be on this website if I didn’t think they were good people.
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Amazing the nonsense some people spout in order to pursue their own selfish ends.
I wouldn’t even engage on the issue of whether or not there is insulation – it’s clearly not effective if it exists at all. And no, they don’t have the right to do whatever they want in their apartment – id Daddy thinks that ‘s OK, let him put them in a room in his house.
Also the owner of the apartment is responsible for the behaviour of the ‘tenants’ and can be issued with a noise abatement order at your district court, if need be.
But at the very least you can apply as an individual to Fair Trading to issue a Notice to Comply with whatever by-laws you have regarding noise and/or flooring.
Meanwhile your Executive Committee members need to ask themselves why they have taken on the role if they aren’t prepared to enforce their own by-laws.
One thing, when you refer to “the Strata” who do you mean? The Strata manager? The building manager? The EC? They all have very different roles.
And the process at Fair Trading is Notice to Comply or application for an order, compulsory mediation, adjudication on paper (no hearing), then a hearing at CTTT – assuming the problem is not resolved or neither party gives up – leading to an order by the CTTT. If they breach the order they can be fined up to $550. If you get the order against Pops he might rein them in a bit.
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@Cosmo said:
An owners corporation is liable for any damage to a lot … unless the damage arose because the owners corporation was obstructed or hindered.
So is a locked door not an obstruction or hindrance? It’s a matter of interpretation but it doesn’t say the obstruction or hindrance has to be deliberate for this proviso to be effective.
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Different strokes in different states. NSW has a Memorandum which states pretty much the same but it’s not applicable unless the Owners Corp accept it as a by-law.
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What’s missing from this saga is what caused the flooding. If it was water pipes outside the walls – like washing machine hoses – it is probably the owner’s responsibility if it was inside the walls, it’s probably the Owners Corp.
The neighbour has no ‘duty of care’ in this although they could have acted a little more promptly. But I’d say if it’s a common property fault the Owner’s Corp should pick up all the bills but if the fault was with personal property, then it’s the owner’s responsibility, including the cost of the locksmith
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