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No doubt you are right about insurer's refusing to pay for things that aren't insured. However, I have been told that under common law, if a problem on common property results in damage to personal property, the Owners Corporation are liable, regardless of whether or not they are insured.
It's not right or fair for OCs to say they weren't insured so the owner has to pay the bills themselves. What if the owner's insurance refuses to pay or if there's an excess on the policy?
A typical situation would be where repair, say, of common property pipes led to damage and repair of an internal wall of a unit. Who pays the painting bill then?
We've had a few examples of this on this website and on just about every occasion when the Executive Committee has been told it's their responsibility, they have checked with their strata managers or lawyers then paid up. And I think that's right.
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I'd just like to point out that StrataRes, who sponsor this page, offer a graduated web-based service to let you have as much or as little strata management service as you want (or can afford).
It may not be ideal for everyone but I'm sure they'd be able to put you in touch with building's that use their service so you can hear from their customers directly. It's not because they're sponsors – it's because they're offering a service I haven't seen anywhere else that breaks that nexus of small blocks wanting the same level of service as larger strata plans but for a lot less money.
Any strata manager will tell you that small buildings can be just as much work as – if not more than – big strata plans, but the fees don't match the effort required.
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DaveB said:
Whilst I have no problem with Jimmy's answer, I'd take a punt and say the annual charge is for the CHU Insurance premium.
D'Oh! I didn't make the connection with Corporate Home Unit and CHU (or Corporate Home Unit Underwriting Agencies Pty, to give it its Sunday name).
By the way, Darryln, insuring the building is one of the few statutory obligations that an Owners Corporation has, alongside maintaining common property and having an AGM.
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darryln said:
In our block of 21 lots there is an annual charge of over $10,000 for Corporate Home Unit. Can someone confirm what this charge covers.
Ask the person who pays the bills. As an owner you are a member of the Owners Corporation and you are entitled to know. I'd start with the strata manager but don't be too aggressive – it may be a legitimate expense that's just badly referenced in your accounts.
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Mr Strata said:
The repairs inside your unit may be covered by the OC's insurances, but not the internal paintwork inside your apartment, this may be covered under your contents insurance.
Can we just clarify – if the damage to the paintwork is caused by a common property issue, then making good the paintwork IS the responsibility of the OC since they have effectively contributed to the damage done. I'm stressing this point because strata managers and EC members will often use the definition of what is and isn't common property – the wall is, the paint isn't – to avoid paying for repainting damaged paintwork. That distinction doesn't apply when the problem was theirs to begin with.
Similarly, if the damage was cause by a problem that's the upstairs owner's responsibility, then they have to pay for the repainting (although you may struggle to get the money out of them).
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I'm with jeremy on this. Our EC frequently makes submissions on City of Sydney DAs and they are often taken into account.
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oceanroom said:
My strata refuses to consider installing double glazing for my bedroom window/door that directly faces a main road. Is this a matter for strata to consider or were they right to tell me to nick off?
Firstly, windows are common property and therefore a strata issue but unless they are defective or deteriorating or not up to standard, then you’ve got what you paid for and they don't need to get involved. However, you could ask them to allow you to replace the windows yourself (including approving a special resolution by-law meaning you took responsibility for the installation and maintenance costs).
Another option is a secondary window inside the existing one which only just affects common property and will considerably reduce traffic noise. That is the easiest and cheapest option and you’d probably get away with just informing the OC that you were planning to install them.
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Firstly, have a look at your building's by-laws which should have, at the very least, a clause about the peaceful enjoyment of your lot. They may even have a section on flooring. Failing that, the Strata Act has a section on 'nuisance'.
Then go to your landlord and ask them to get involved as a matter of extreme urgency. They should, if they have any sense, help you with this – especially when you explain that the people upstairs have knocked about 10-20 percent off the value of their investment unit by rendering it uninhabitable.
If they don't want to do anything, you have a choice – you can either go to the tenancy section of Fair Trading and get them to get your landlord to do something about it, or you can go straight to the strata section and take action against the upstairs owner and/or the Owners Corporation under either your by-laws or the strata laws.
Have a look at THIS SECTION of this website to get an idea of how you should and shouldn't run your case. And you might seriously consider talking to a specialist strata lawyer about what your options are.
By the way, the first person who says, “this is apartment living, get used to it”, tell them 'Jimmy Thomson says you are a moron'.
And smile.
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Tenants are responsible for the behaviour of their visitors so get that Notice To Comply in the post as soon as possible.
The standard tenancy agreement states that they have to abide by the by-laws so you can tell them the next letter will be to their landlord demanding they be evicted because, by being in breach of the by-laws, they are also in breach of their rental contract.
Also, think about taking a Noise Abatement order against them at the district court – it's a criminal offence to ignore one of those. Collect as much evidence, including notarised depositions from neighbours, photographs and recordings of noise as you can.
And finally, point out to the landlord/agent that a recent court decision means landlords are responsible for the behaviour of their tenants if they receive legitimate complaints and do nothing about them.
The threat of fines and/or eviction may persuade the tenants to either behave or move on.
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Basically, the Owners Corp has a duty to maintain and repair common property. The tenant has certain rights under their tenancy and the landlord has rights and obligations too. All very complicated and fuzzy round the edges.
I don't think it's reasonable to tell a tenant that they have to put up with whatever inconvenience is required by the OC to achieve their ends. They have paid rent for an apartment with a working bathroom and that's what they are entitled to – or some sort of compensation if that is suddenly not available to them.
On the other hand, they should be prepared to compromise.
If they aren't I think the OC has to treat this an emergency – who knows what damage is being done to common property and other lots – and tell the tenant that they will pay for short-term accommodation for 72 hours while they fix the seal. If the tenant isn't prepared to do that, the OC will go to the CTTT and get an emergency order that allows them to go in, fix the showers then seal off the bathroom until such time as the sealant has set. The tenant can then do what they can to get compensation through Fair Trading.
You're right that the tenant can't be allowed to hold the rest of the building to ransom, but neither should they be deprived of services for which they have paid so that something can be fixed that is of no concern of theirs.
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JeremyS said:
Can the Owners Corporation object in its own right?
If so, could the EC resolve to engage a town planner to object on the OC's behalf?Yes the Owners Corproation can and should object as a responsible body representing the views of the majority of residents. In fact, if you don't, the developers won't hesitate to point out that the OC of your building raised no objections.
And yes your OC can hire a town planner to formulate your objections in a language and format that planners will understand.
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Well spotted. Peter C is indeed from the ACT and thanks for opening the Townhouse levies bidding at 0.5% of property value. Do I hear any further bids?
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Good point. My “rule of thumb” is based on apartments which tend to have more high maintenance common property. If anybody wants to give us an idea of what percentage of purchase price your townhouse is, we'll try to see what figure we can arrive at.
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If a majority on the Owners Corporation has agreed to the special levy then you have no option but to pay it (however, it should be calculated on unit entitlements, not “per unit”). If you have trouble raising that kind of money, talk to your treasurer and secretary about spreading the payments over several months, hopefully without incurring the 10 percent penalty interest for late payments. Rest assured you will not be the only person in this position.
On the question of the warranty, if the claim has been lodged before it runs out, then the developer or builder still has to address it.
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