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If the vote was fraudlent and that vote made a difference to the outcome (which in this case it clearly did, getting the vote over the 75 percent threshold for by-laws), then it can and should be overturned.
Call Fair Trading on 13 32 20, pay your $75 and start proceedings to get this reviewed by the CTTT. You may also want to talk to a strata lawyer.
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Sign your new lease but afterwards demand that you want the owner of the apartment to force the OC to give you back your car space. You might also ask for compensation (you've been paying for a car space but didn't get it).
If the owner still does nothing, go to Fair Trading and pay $35 to take action againts tthe owner to refund you the money they took for a car space they didn't provide and to force the owner to take the Owners Corp to the CTTT to give you back your car space.
If it turns out that the car space doesn't belong to the apartment after all (it's possible) the owner of the apartment owes you a refund for the value of a car space in your area.
But I have to stress, if you want to live in this apartment, only take these actions after you have signed a new lease. If the agent is spooked into ending your tenancy you'll find it harder to get your money back, Meanwhile, the agents and Owners Corp are taking advantage of you. A call to Fair Trading (13 32 20) will bring that to an end.
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I know someone who vented their portable aircon into their (fully vented) bathroom. the build up of heat and humidity melted their soap and had tiles falling off the wall.
If there is any doubt about existing by-laws forbidding this, get one drawn up and adopted at an EGM.
However, I reckon a Notice To Comply with any by-law regarding damage to common property and or allowing fumes on to common property (if you have one) would be a good starting point.
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Tricky Leaks said:
Hi Jimmy, do you know what percentage of your members would be in Melbourne.
I'm guessing they are small but growing. Flat Chat doesn't get published in the Melbourne papers and the strata systems are very different. But readership of thewebsite (rather than membership) tends to get a lift when the online version of the Age runs the column.
Amazingly, a huge number of Flat Chat readers don't even live in apartments. Why? Schadenfreunde, I reckon.
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I may be wrong but I think the missing membrane is a building defect and therefore a problem that the Owners Corporation has inherited. Nobody's fault but their responsibility.
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The simple answer to the final question is a resounding YES! It’s inappropriate use of common property, it’s creating a nuisance on common property and it’s a health and safety issue.
I’m not sure what the process is in Victoria, but this owner need to get a letter immediately outlining the various by-laws (and planning laws) he’ll be breaching and the sanctions that will be taken against him if he doesn’t comply.
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Have a look at this correspondence HERE. My response to the original question outlines the various options to you.
Your neighbour needs to be told that living in strata is more about him learning to live with other people rather than them learning to live with is idiosyncracies.
My advice would be to gather the evidence of his behaviour — including the continuous play' – and apply for a noise abatement order at your district court. There is no law or by-law that I know of that restricts continuous play of the same music but there are laws about noise 'nuisance' and this could very well come into that category.
If in doubt, contact a strata lawyer. If reluctant to pay for good legal advice, think of the damage this cretin is doing to the value of your home.
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Bobbi said:
Nobody have any suggestions for me? I really need some guidance with this matter.
You need to get your head round the difference between common property and shared facilities. A common property storeroom is an area for which you share responsibility, not necessarily access, so drawing parallels with parking and gardens – shared facilities – is inappropriate.
However, if the store room isn't being used by anyone else, why not ask the OC if you can rent is for the duration at a cost that works for both parties. And onece you've done with it – and dropped some cash into OC coffer – others may make use of it too.
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Only you can tell if the pergola is common property or not and you can do that by looking at the original strata plan and any amendments made to it by by-laws and special resolutions since it was drawn up. It may, for instance, have been erected under a special resolution by-law, it could have been there as part of the building, or it could have been installed without permission (which means it is probably common property now).
If the building is older then 30 years, there's a very good chance that it's not common property but we can't tell if you can't. Check with your strata manager or look at the documents that came with the unit purchase.
However, if you give us more detail we may be able to hazard a guess.
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Broadly speaking, the OC is up for all costs, including repairs and repainting of the adjoining apartments unless a) the problem wasn’t caused by a common property failure or b) the owner of the apartment concerned had damaged common property causing it to fail.
If there’s any dispute over this, it should be handled separately from repairs to common walls etc. In other words, the OC should fix your walls then, if appropriate, claim costs back from the owner.
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Unexpected Leigh said:
To top it off, Jimmy, you are going to water-down the new edition of your very helpful book, Apartment Living. How about a different book about ‘gorilla tactics’ full of stories such as the one in Apartment Living about how residents got rid of the tenants who made the annoying ‘chattering noise’; by driving them out by putting super glue in their locks wasn”t it?
To quote Mr Zimmerman, “I was so much older then, I’m younger than that now …”
The book was written before Flat Chat was born (in fact it was the reason
The Herald approached us about the column). But along with greater exposure comes greater responsibility and I can’t be seen to be encouraging acts of vandalism … even if they are often bloody effective.But there won’t be any watering down, I hope, just a differnet set of tactics that won’t get me and you in trouble with the rozzers.
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I don't think so. But you could take a noise abatement order out against the neighbours concerned and possibly the Owners Corp too . If they breach that notice, they are committing a crime rather than a breach of by-laws and the police should take that more seriously.
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