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I'm not sure that these by-laws are even legal. The Owners Corporation has responsibilities under strata and other laws that they can't just shirk by saying “we no longer accept responsibility”. You can't create a by-law that contradicts state or federal law.
Your OC might argue that this constitutes an agreement not to pursue damages within the community – but I can't see how it would stand up to much scrutiny. I bet if this was challenged they would lose. You should ask a strata lawyer for their opinion but if I lived in your building and my stuff was damaged because of a failure in common property, I'd hound them all the way to the Supreme Court for damages.
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The only valid way of reducing levies is to cut out waste and inefficiences and to renogotiate unfair contracts inherited from previous ECs or the developers.
Reducing services and neglecting current and future repairs and maintenance to cut levies is ripping off people who have bought into strata blocks expecting a cerain level of service and amenity.
This is going to become a big issue in the future as people on fixed or reducing incomes watch their levies rise (as they will with inflation). The answer is not to start cutting services and facilities to suit the lowest common demoninator. Those who can't afford to live in some buildings need to find somewhre they can afford.
This obsession with reducing levies is turning some perfectly decent buildings into the crumbling slums of the future. Every time you reduce levies by reducing services, neglecting repairs or starving the sinking fund, you reduce the value of everyone's homes.
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Your legal obligation to repair and maintain pretty much supersedes anything else. I’d be tempted to get a lawyer’s letter sent to the builder givin them 14 days to commence work or forfeit the right to do so – and since they are no longer trading, this isn’t going to happen. Chances are you’re not going to get anything back anyways so you may as well plough on with the work.
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There's no legal obligation on the other owners to pay for this – they could just vote to not pay. However, you could argue that having gas installed to the development enhances everyone's property value so they should split the cost of installation between what's required for the whole complex and what's required for individual homes.
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The simple answer is no – becasue you can't asume that result will go one way or the other. But the CTTT can be a strange and irrational beast and the Member or Adjudicator might feel that the fact that there a re cases pending is an indication of a real problem. It's not legal, it's not logical but it is possible.
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Also, it's worth pointing out that hsydney is in double breach – of the lease itself and of the by-laws (which your lease says they must obey). So they really need to get their landlord's approval first if they plan to stay and fight.
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Ironically, having just kicked off the flag discussion on radio and in Domain I'm over in Vietnam where the national flag seemes to fly over every little shack in the country – more communist than thou, perhaps – but none on balconies in their huge apartment blocks that seem to be springing up everywhere. I have to wonder what their EC meetings are like.
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Those of us who know what ‘begs the question” really means are fighting a losing battle.
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no question – the Owners Corp has an abolute duty to repair and maintain common property, regardless of what court cases may be going on at the time. That’s strata law as supported by Supreme Court precedent.
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No, it doesn't have to be the one issued with the agenda. Go HERE to download your own blank one and just fill in the SP number and photocopy it
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You don't have any choice – mediation is a compulsory first step before adjudication.
As for lawyers, have a look at our “Essential Links” page but I know both Teys Lawyers and, recently, Grace Lawyers have had success in this are recently.
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PeterC said:
Just being pedantic, sorry. I think you will find none of the proprietors are 'disinterested', just that many are uninterested. The distinction is useful but we are losing it
Oh, Pete … next thing you'll be telling us the “begs the question” doesn't mean 'demands the inquiry'.
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Urban Spaceman said:
Suggestions on how to conduct a coup at May's AGM or sooner would be welcome.
The only way to organise an effective coup is to get the proxies. The only way to get the proxies is to convince the absentee owners that there is a problem that is affecting the value of their properties. That is a much more effective argument than silly old ideas like right and wrong and fairness.
So do some groundwork and find local sales that make recent sales in your building look bad. Get strata managers, lawyers and real estate agents to confirm that increasingly, badly and irrationally run buildings are losing value because people are looking very closely at the minutes of buildings before they buy because they don't want to be trapped in a dysfunctional building (and you can quote ME on that).
Then put all that in a brief and succinct letter to each owner, complete with a proxy form and a stamped addressed envelope, telling them that the value of their property is being harmed by bad management at an EC level.
Send them out in time for owners to respond but not for the incumbents to get their act together. If possible, phone some of the people and have a chat. Suggest they come to the AGM to see for themselves and if not, plead with them not to send a 'blind' proxy to the chair. They might think they're voting for stability – in fact they're voting for dysfunction.
Despite that DON'T get into personalities (as far as possible).
DON'T make it look like a grab for power – offer three or four alternative names for people to send their proxies to (and give them good reasons why they should choose the people you suggest).
Don't make any more fuss about anything before the AGM so the incumbents don't know what's afoot.
And, finally, be careful what you wish for…
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OK but what would their powers and duties be? We're not even allowed to clamp or tow cars.
Fortunately I have a cunning plan. If there was a specialist strata security firm – kind of like strata private eyes who, with the permission of the Owners Corp (of course) set up video cameras and recording equipment and were expert in getting the right statutory declarations from neighbours, wouldn't that be something?
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Just adding to Whale's comment, according to the relevant Tenants NSW fact sheet, clearly states that tenants should not stop paying rent and I guess that applies to just moving out too. However, it says landlords may have to lower rents if services are reduced.
Applying for a rent reduction
The CTTT may make an order that the rent is or was excessive due to a reduction or withdrawal by the landlord of any goods, services or facilities provided with the premises.
If the CTTT finds the rent excessive due to the reduced facilities, it will make an excessive rent order. It will specify the maximum amount of the rent and the day from which it applies – for a period of up to of 12 months.
In the case of a strata building, if you can't persuade the OC to compensate you, you may as well encourage the tenant to take it to the CTTT and then apply for relief from the OC and its insurers, using those figures as the basis for the claim. I don't know how much joy you will get there as everyone else is suffering too (and you will likewise benefit when the lifts are repaired).
Anyone else have any experience of this kind of problem?
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