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Basically you need a special resolution by-law that allows the deck builder to use such common property as required (like bits of wall and ground it is attached to) in exchange for their agreement to repair and maintain the common property at their own expense, now and in the future. Normally the person installing the deck would pay for the legals (since they are the only ones benefitting) although the OC might want to choose the lawyer. if the installer isn't prepared to do this, you'd be nuts to let them go ahead as responsibility for the deck would fall back on the OC when the owner sold. If the installation of the deck leads to substantial increase in the value of the lot, the OC is entitled to some remuneration calculated on the basis of increased value minus cost of installation (including legals and paperwork).
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If only that were true. I know someone who was sued for sending out literature to owners asking for support in a CTTT case. The litigant was estimated to have spent $250K to $500K pursuing defamation. Even though they had EC insurance, it cost the defendants sleepless nights, time and energy and the insurers had to pay a proportion of the legal costs, even though they won. There are still people in the defendants' building who criticise them for defending themselves at the OC's “expense” because insurance premiums then went up.
So here's something to consider – say the even the right thing about the wrong person and you could be entering a world of pain.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's hard to know what your options are without seeing your contract (especially since this guy is clearly not a straight-shooter). My advice would be to immediately contact a reputable strata management firm, definitely a member of Strata Community Australia, their professional body, and tell them that if they help you to remove this guy, they can have the contract. Take the strata management contract with you. In the meantime, pass a motion at your next EC meeting – oe even agree by email or phone – to let this guys know that he will have to reapply to continue his contract after it has lapsed. There wioll be a clause in the contract telling you how much notic you need to giver him. However, there may alsoo be clauses related to failure to perform his duties, in which case you need to pass a motion telling him this is the case and that his services are no longer required. By the way, this is all a lot easier if you have another Strata Manager ready to pick up where this guy left off.
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Work out a claim for what it has cost in laundry bills and what the value of rented car spaces is in your area. Put together a comprehensive joint statement of claim to present to your rental agent. Explain to them that failure to accede to your request for proper compensation plus a rent reduction until such times as the services are reinstated, will lead to action at Fair Trading.
If they don’t come to the party within a reasonable time contact Fair Trading’s tenancy division (Tel 13 32 20) and ask about proper compensation for the non- provision of a facility that you have been paying for. The compensation should go back to the date of the fire and there should be a reduction in the rent until such times as it is reinstated.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.
Fight fire with fire. You are perfectly entitled to call a general meeting to sort this mess out once and for all, sending out material explaining why you have made the decision that you have and rejecting the rogue member’s case.
If this rogue member is a persistent nuisance, you could also have a item on the agenda to declare his position on the EC vacant (although that will require a 75 percent vote). However, if working with him is intolerable, you could make it clear that if you don’t get the support you require, you will all resign. Another way to do this is to declare all seats vacant (by the same vote) then offer a new team that has someone in the offender’s place.
One thing though, be careful what you say about this person in any literature you send out to owners … there is only limited ‘privilege’ in strata committee dealings and you could find yourself hit with a defamation suit if there’s even a whiff of malice.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.
Firstly, a new lease is a new deal and it’s entirely up to you whether you agree to its terms or not.
Otherwise, you can continue the periodic tenancy and the landlord or their agent must give you 60 days written notice of a rent increase. However they can raise the rent as often as they wish (as long as the rent rise isn’t excessive), so they could theoretically get their money anyway.
If the landlord wants you to move out, they have to give you 90 days notice in writing.
This is one of those situations where a reasonable compromise, backed up with a valid lease, would be the best outcome for everyone concerned. But check with tenants.org.au for all the facts before you decide what to do next.
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Really, if your Executive Committee and/or strata manager can’t take this on, they are not much cop. This is such a clear breach of even the most basic by-laws that a simple Notice To Comply should be issued at the earliest opportunity – but they won’t do that if you don’t complain in writing. Get your neighbour who also suffers to back you up .
Your next step, if they fail to get on board, is to apply to Fair Trading (tel 13 32 20) for mediation (which will cost $76 dollars or thereabouts) and then the CTTT if that doesn’t work. You can’t skip the mediation, by the way.
As Whale says, it’s probably just a blocked drain (unless they are blithely hosing the dirt off their balustrade on to your deck). But, to reiterate, this is an issue that the EC should take on and I can’t think of any reason why you wouldn’t go to them with this problem.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.
Somewhere, but not everywhere, I guess
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I’m checking it out too. J
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No problem at all. As I often say, I don’t actively promote any sponsors but they wouldn’t be allowed anywhere near the website if I didn’t think they were good and honest operators. And they are just kind of there …
I just had a look at Weebly and it looks OK. But (trust me) it's one thing to set up a website … another entirely to manage it on a day-to-day basis.
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Errr …. um .. I think those guys advertising at the top of this column offer a free website tha restricts viewing to owners only via a password system.
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The OC is responsible for anything on common property and that is certainly a potential hazard. By the way, is this guy using OC electricity? Nice freebie if he is?
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