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Just thought I'd add to the confsuion …the following section of the Strata Act says this:
110 What powers does an owners corporation have to borrow money and otherwise deal with property?
(2) An owners corporation may dispose of or otherwise deal with any lot vested in the owners corporation as a result of a subdivision effected under section 9 of the Strata Schemes (Freehold Development) Act 1973 or section 11 of the Strata Schemes (Leasehold Development) Act 1986.
(3) Section 50 (1) (d) of the Interpretation Act 1987does not apply to an owners corporation.
Note. Section 50 (1) (d) of the Interpretation Act 1987 provides that a statutory corporation may, for the purpose of enabling it to exercise its functions, purchase, exchange, take on lease, hold, dispose of and otherwise deal with property.
I'm not a lawyer – if I were, I might understand why these two clauses seem to be contradictory. Anyone got any ideas?
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If i can just jump in here, I've been to inspections here the place was a tip and the tenants were just getting out of bed. I thought they were protesting about having to move out – turned out they were trying to limit the number of offers so that they could put in a low bifd for the property.
Lesson: If at all possible, try to stay on good terms with your tenants. The landlord has rights – as Aussiepiper correctly points out – but the tenant has the ability to unpick your best laid plans if they so desire.
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As many a strata manager will tell you, they can only do as they are asked to do by the owners. The other side of that coin is that if they don't do what owners reasonably ask, they aren't fulfilling their most basic function. Unless they can give you a very good reason for not having done their job, you need to move swiftly and decisively.
Forget taking legal action against them (unless there has been serious damage done to your finances). That's a waste of time and money and gains very little in the long run.
Find a reputable strata manager, call a general meeting, sack the existing strata manager, appoint the new strata manager and reinstate the by-laws to the way they should be. Your new strata manager should be able to help with this process – if they can't, find someone who will.
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If it's not strata, then no, Fair Trading can't get involved.
However, there are laws about operation air conditioning, including that it can't be heard in a home between 10pm and 8am. (See THIS) There goes your 24-hour gym. Also, they would have needed Development Approval from council to install the air con – did they get it? I”d be very surprised. So that's another phone call you need to make.
This is all stuff your Strata Manager should know. Call number three would be to ask them why they didn't give you this advice and how they can justify their fees. Sounds like they are more interested in looking after the retail owners than the people who pay their bills.
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You don't have to attend anything (including EC meetings, believe it or not). This idiot can call all the meetings with whomever he wants but he is subject to the same rules as everyone else. The Owners Corporation in General Meeting is the ultimate arbiter of what happens in your strata plan. Even the EC can be overruled by the owners at a general meeting. eOne disgruntled owner has no power to order anyone to do anything. He has the opportunity to convince other owners he is right either at a general meeting or by campaigning the rest of the time. If he is unhappy he can raise the issues at Fair Trading where they will holf a mediation (and you don't need to attend that either).
Tell him to grow up, leave you alone, and go and read the Fair Trading booklet Strata Living (HERE) and the Strata Act (HERE) then he should highlight the part that says he can force you to attend a meeting organised by him or anyone else. Then tell him to look at the budget and identify areas where you can make savings without reducing services. If he can come up with anything, all well and good – but expect a long period of silence.
As to why people complain but do nothing, it's because some people are givers and others are takers and that's just the way the world is.
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There are legal options available to you through various clauses in the Strata Act but I'm not a lawyer. It would be well worth spending a few bucks on an initial consultation. You'll find a list of those I'm happy to recommend HERE.
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Your parsimonious EC members are treading on dangerous ground. If they willfully ignore professional advice and that results in damage to common property (or, indeed, private property) even if they had EC insurance it would probably be invalidated by their negligence.
You and the other affected neighbours need to get an official report done by a qualified hydraulic engineer then take your EC through Fair Trading and the CTTT where it will be explained to them that they have an unlimited legal responsibility to properly maintain common property.
If you're feeling bold you could even take them to the Supreme Court on the grounds that you want damages (as well as having the problem fixed) and the CTTT doesn't award damages.
Also, if your sinking fund doesn't have a spare $2k to fix this properly, you may be in even bigger trouble than just flooding.
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This would be a perfect opportunity for you to persuade your Owners Corp to adopt the State Government's “Memorandum of Understanding” which seeks to clarify all these significant but small issues without going to the expense of writing and passing a new by-law every time someone wants to make a minor adjustment to their apartment.
You'll find an outline of the Memorandum HERE. It clarifies so many niggly issues that every strata plan in NSW really should think about adopting it (and you can modify it to suit your specific needs) – but remember, it doesn't necessarily apply if you don't formally adopt it.
Have a look then have a chat with your strata manager and EC chairperson.
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The increase in wages should be accompanied by a breakdown of how much time should ideally be spent on each area of garden. The owner who is commandeering the gardener should be politely told to back off and let him do his job or face a bill for personal gardening services.
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There’s no specific conflict of interest, if, as he says, it was all done with the appropraite number of votes. However, there is a legal principle that applies called something like “fraud of the minority’ which has been used for situations exactly like this. Get together with some other owners and talk to a strata lawyer about getting more money out of the owner and adjusting the Unit Entitlements while you’re at it.
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Electronic (including keypad) is the way to go. Physical keys get lost and taken with departing residents (some eventually end up in criminals' possession). But it does sound like you need an intercom system. Google 'wireless intercom' and you will find systems that don't require rewiring of the building.
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In NSW the Owners Corporation in not obliged to enforce any by-laws except for those relating to maintaining the fabric of the building and common property. Pursuing smokers (or party animals or mad barbecuers) is entirely at the discretion of the Executive Committee in the first instance and ultimately the Owners Corp as a whole.
Fixing balconies, lifts and common areas, for instance, is not optional (although it effectively is until someone kicks up a stink). The reasoning is that if you have an issue with smoke or noise or whatever, there are avenues through which individual owners and tenants can pursue their case.
My own building, for instance, actively pursues anyone who installs air conditioning (except on the three floors where it is allowed) but, despite ensuring everyone else has to cool their apartments by keeping their windows open, does absolutely nothing about smokers and barbecues on balconies. Is it right? Does it make sense? No – it's strata living where the over-riding principle is all too often “I'm all right, Jack”
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It's Jimmy, not Peter.
I don't buy all that political correctness bullshit – complaining about the 'PC brigade' is just people who want to be allowed to offend others, whingeing about being pulled up for it.
I don't believe in banning stuff as much as I believe in people taking responsibility for their own actions. Hopwever I did go to Vietnam for Christmas a few years ago, thinking that in a Communist Bhuddist country I would be safe – I couldn't have been more wrong. They love it there, right down to decorations with Santa on the Cross.
But seriously, consider this for a second. Maybe it's not political correctness gone wrong. Maybe it's not my pre-selected readership. Maybe not everyone gets the same warm fuzzy feeling that you do when you see your flag.
In short, maybe … just maybe … you could be wrong.
Re the sums – I don't have to do them which is just as well or nothing would get done.
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No apologies here.
The initial posting was about how one flag led to the appearance of several others leading to a 'more patriotic than thou' attitude. For those of us trying to get away from a 'my home is my castle' mindset and build inclusive communities, one person unilaterally deciding their building needs a flag is the height of arrogance.
You can't dismiss any complaint that irritates you as 'vexatious'. That is just nonsense. Paullings is to be congratulated for having the guts to ask a tricky question and let the whole community decide – not just one self-important resident – whether or not flying flags is appropriate.
I think you're the one who needs to read the postings more carefully – and you might start by noting that there isn't one in support of you, despite my call for readers to do just that.
You mention statistics, once again, here’s a report into a study that shown people who fly Australian flags on their cars are more likely to be racist.
Is it just a flag on a balcony? For those of sickened by the sight of drunken youths demading that people “kiss the flag” or take a beating in the aftermath of the Cronulla riots, it's the thin end of a very ugly wedge.
By the way, I'm not saying you're racist, I'm saying you have to take some responsibility for the kind of emotions you are tapping into.
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