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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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We’re talking hypothetically here and there are a number of possible scenatios but if, for instance, the Owners Corp was informed, say, at an AGM that there was a safety problem, then they would be liable. If the EC was told and decided not to pass it on, they would be the ones in trouble – and if they had willfully ignored reliable advice, their EC insurance would probably have been invalidated so the members would be personally liable. If a building manager or strata manager knew there was a problem and didn’t tell the EC, they would be liable (as employees).
What happens when, say, one member of an EC votes NOT to ignore the advice but is outvoted by the others is a point I’ll leave to our legal friends. But I think the aim of the legislation isn’t to fine or jail people – it’s to get them to accept our responsibilities as owners, employers and a community.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.
Since there hasn't yet been an inspection, there is no way anyone- you included – can tell what has caused these cracks. It could just be coincidence or it could be caused by vibration or movement in a part of your unit not directly connected.
I would write a polite letter to the Strata Manager saying that you don't believe the problem was caused by work on your unit but you will abide by the results of any test by a properly qualified and independent surveyor.
Regarding the sale of the unit, if this issue has been discussed at and EC meeting or the Strata Manager has made notes relating to it, references to it may appear on a thorough search by interested buyers. But it could just as easily slip under the radar.
It's still very much a case of buyer beware but now that the matter has been raised with you, the Owners Corp could pursue you for damage to common property and, if they are very, very quick, could even apply to put a hold on part of the proceeds of the sale (admittedly, this is very unlikely).
As I said, your best plan is to play this with a straight bat: tell them you don't think it's your problem but agree to pay for reasonable repairs if they can prove it is. If that IS the case, your builder's insurance might cover you if you can show that they did something they shouldn't have that caused the problem.
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Have a look at this factsheet HERE on the Tenants NSW website. It includes a letter you need to send to the landlord outlining the work that needs to be done and their agreement to do it. It seems to say that the landlord can't hang on to your deposit if they have promised to do the repairs but then doesn't do them. The fact sheet also has contact details for the Tenants Advice and Advisory Service (you fill in your postcode and it directs you to your local office). You should call them before doing anything else.
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All of the above advice sounds good but I have a sneaking suspicion that somewhere in my dark strata past I have been described as disruptive and aggressive.
I would consider holding out an olive branch to these people and asking them what they want – force them to either sit down quietly and discuss issues in a forum where the facts can be presented and explained or reveal themselves to be more interested in spoiling tactics rather than finding solutions.
Community Justice Centres provide a free mediation service where you can discuss these things on neutral ground. If they fail to engage, that's more ammunition for when they really start stirring things up.
You might also adopt a set of standing orders from a book like this which would include rules such as one person can't speak again until everyone who wants to speak has had their say.
Personally, I would get the chairman to lay down the law at the beginning and say that a) anyone who abuses the privilege of being allowed to speak will probably not be allowed to do so in the future and b) if anyone disrupts the meeting by their bad behaviour it will be adjourned and the reason for the adjournment will be stated in the minutes (notwithstanding Whale's valid observation that infamy may be exactly what they desire).
As a last resort, I would hold your discussions elsswhwew and only convene the meeting to formally approve the items on the agenda – although that is almost certain to inflame emotions. But it does mean you could be in and out of the formal meeting withing minutes. Best of luck.
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You can apply for a rent reduction via Fair trading back-dated to when you first complained about the noise and up to when the problem is fixed. And you can't be evicted for exercising your legal rights. have a look at this fact sheet and you'll see you have plenty of options.
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You are right on so many points. The upstairs owner probably should have sought a DA from council before changing the living room to a kitchen and may also be in breach of the terms of the heritage listing.
The Owners Corp should have been across this from the moment they started work as there has almost certainly been alterations to Common Property.
They and the upstairs owner are jointly responsible for ensuring there are no leaks.
Your friend should call Fair Trading on 13 32 20 to take action against the upstairs owner to ensure there are no more leaks. They should also take the OC to task for failing in their statutory duty to maintain and repair common property.
And they should have a word with theircouncil’s planning department about what approvals the Mad Renovator upstairs should have had and what they are going to do about it.
They may also want to get themselves a good strata lawyer.
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This is the landlord's problem and you should not be the one chasing acoustic consultants and strata lawyers – certainly not in the first instance. Talk to Tenants NSW about your options.
By the way, the solution may be as simple as one of the special noise-deadening plasterboards attached as an extra layer on the adjoining wall – but this would also be done at the landlord's expense.
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The ‘memorandum of understanding’, devise by the wise men and women of strata last year, says air conditioning that serves more than one lot is the responsibility of the OC and air conditioning that serves one lot, whether it’s inside or outside the lot, is the responsibility of the owner whose lot it serves. Now, this is not strata law but it is an indication of how the CTTT would think if the case came before them.
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dech said:
Not many good news stories appear on this site & this is a very partial one.
It's human nature, Dech. People don't write in to say how happy they are. It's a shame we tend to hear only one side of the story … but nice to think people are too busy being happy.
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FLOWERPOT MAN said:
Wha possible application can a five year old USA website referring to “felony crime” have in NSW strata admin.
If you are going to be picky with others it helps to be able to spell allude
Please explain this comment. If not the Act, what does the CTTT use as a basis for its decisions? Have you told them they are wrong and you know best?And if you are going to get picky with other people’s spelling, I suggest you learn to spell ‘what’. By the way, journalists call this Muphry’s Law: Any attempt to correct a misspelling will itself contain another, often worse, literal error.
I don’t always agree with Billen Ben’s point of view – in fact, I often don’t agree with him – but if you think the CTTT is a fair and logical arbiter of Strata law in this state then you are living in a fool’s paradise. Read some of the other posts on this website if you don’t believe me. Or perhaps, as he suggests elsewhere, you have benefitted from one of their bizarre decisions.
In any case, I will not allow this website to be used for personal sniping at this level – you are boring the rest of us. Keep your internal issues to yourselves and try to deal with them internally where they will do some good, if not for you, for the others in your community.
You have been amply warned and you are now banned from posting to the site for a month. Back in the shed, Flowerpot Man. And congratulations – you are the first person to be red-carded from Flat Chat.
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Congrats on being the first member to hit 200 posts, BB.
And on the question in hand – this is a request for exclusive use of common property. It requires
- a special resolution for exclusive use (with legal costs paid for by the trampolinist)
- an agreement to insure all users (or at least accept full responsibility for any injuries)
- rent for the use of the space
Failure to provide any of the above and the idea should be bounced.
JimmyT
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