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The Owners corporation has an absolute duty to maintain and repair common property. And when they have done that, they will probably have to fix and paint your ceiling. Not having enough money in the kitty is not an excuse (I say that because it’s a favourite one), neither is the fact that you knew there was a problem when you bought the unit. The sooner they get it done, the better for everyone.
You joining the EC is a matter for all the owners at an AGM (unless there is a vacancy due to a resignation and you are invited to join). You need to be nominated and elected (if nominations exceed the number of available seats).
So there’s your coin toss – upset your neighbours by demanding they fix the roof, or start winning friends and influencing people to get yourself on the EC.
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The simplest answer is to get 25 percent of owners to vote against it either in person or by proxy.
You are certainly entitled to ask the proposers at the meeting to cut through the jargon and explain a) what this really means and b) what the implications are for other areas and the general running of the building. It sounds like the EC is being empowered to lock off any areas of common property they see fit and that is going way too far.
You may have left it too late but I would also be proposing an amendment to say that anyone using common property for the storage of private property should pay reasonable rates (ie, a bit less than commercial rates) for doing so. This is common practice in other buildings.
The worst thing about this is that the EC appears to be asking owners to give it unlimited powers to impose conditions on access to common property as and when it sees fit – and that, I reckon, is legally a bit iffy.
However, the OC does have the power to establish by-laws limiting access to common property. The key questions in this case are why and who's benefitting and if it's only benefitting a select few, is that effectively defrauding the majority of owners.
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The obvious answer (which you have probably though of) is to charge the owners for damage done top common property by their tenants. This is above and beyond repairs and maintenance and is covered in the Act.
The other option might (and I stress might) be to pass a by-law that every owner has to pay a tenant registration fee for every change of tenancy, regardless of how often this occurs.
I'm not sure of the legality of this but if it applies to all owners and is passed by 75 percent at a general meeting, it could even things out neatly. You could justify it by security requirements and administration charges and again, I think it's a requirement under the act that every change of tenancy has to be notified to the OC.
This is what Section 119 says:
119 Notice to be given to owners corporation of leases or subleases
(1) If a lot is leased, the lessor must give notice of the lease, in accordance with this section, to the owners corporation within 14 days after the commencement of the lease.
Maximum penalty: 5 penalty units.
(2) If a lot is subleased, the sublessor must give notice of the sublease, in accordance with this section, to the owners corporation within 14 days after the commencement of the sublease.
Maximum penalty: 5 penalty units.
(3) If a lease or sublease of a lot is assigned, the assignor must give notice of the assignment, in accordance with this section, to the owners corporation within 14 days after the execution of the assignment.
Maximum penalty: 5 penalty units.
(4) The notice must specify:
(a) the name of the lessee, sublessee or assignee, and
(b) the date of commencement or assignment of the lease or sublease, as the case requires, and
(c) the name of any agent acting for the owner in respect of the lease or sublease.
It obviously doesn't cover your question but it may be the key to an answer in a roundabout way. Anyone else with any practical suggestions?
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I just want to echo what Chris just wrote. There's a limit to how much detailed information we could (or indeed should) give out on this Forum and sooner or later if it's a serious issue, you need to talk to a properly qualified and experience professional.
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The issue will be who maintains the heating since it will be part of common property unless otherwise established legally. A special resolution by-law will take care of this.
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The amount you pay in the sinking fund is agreed by the owners each year at your AGM (often on the advice of your strata manager). You have a vote and you have a say so this is the time to raise any concerns.
The amount you contribute is related to your Unit Entitlements (which also relates to your voting power should a “poll” rather than a straight vote be called for at a general meeting). Your Unit Entitlements are based on size and position of your apartment and are therefore very loosely in line with its value.
The law in NSW relates all payments to the admin fund and sinking fund to the Unit Entitlements. In other states they split the contributions so that some are calculated per household and others by unit entitlements.
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I'm sure there are mechanisms – contracts, unanimous resolutions or something similar – whereby owners can all agree to pay in a different way but for blanket payments for work done by the OC, I'm pretty sure it's based on Unit Entitlements.
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They are surely taking the P. If that had been your car they bashed into, you’d be chasing them for damages. Maybe you should ask them for compensation for damaging your property.
But seriously, this is getting perilously close to bullying and your EC has to be very careful not to allow this to happen. You have permission to install something that is a normal part of parking management in hundreds of buildings across the state.
The only argument they could have for objecting to it would be if it was visually intrusive – but they can’t claim that and claim that people might trip over it or bash into it if they don’t see it.
Don’t get involved, don’t let it get to you. You are right, they are wrong – end of story.
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You also get community title coming into play where a number of separate strata blocks share infrastructure like roads and drains or a park (like Jackson's Landing and Breakfast Point). There are specific sections of the Strata Act that deal with Community Title but Community Title per se comes under the COMMUNITY LAND DEVELOPMENT ACT 1989 which you can access HERE. Good luck trying to understand the connections – for that I'm going to defer to the excellent Strataman website which has been going even longer than Flat Chat (and used to run an ad above my newspaper column, making people think I was Strataman). Strataman has good basic information but, being a static site, none of the lively debates we get over here. Anyway, to get a very good rundown on Community Title and what it means, click HERE.
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There is another way of looking at this – if you effectively buy common property (the wall your balcony is attached to and the air space the balcony occupies) you have to pay for the building work AND compensate the owners corporation for the use of common property on a formula based on how much value the balcony will add to your property.
There might be a nifty quid pro quo going on by keeping this as common property … so be careful what you wish for. And I doubt if you'd be splitting the costs evenly – it will be based on your Unit Entitlements, won't it? Or are some units not getting balconies?
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jack0818 said:
If say the complainant talks to the strata manager +/- executive committee, what would the process be for them to take it further?
Could they raise this issue in the AGM, and then put it to a vote and have my bollard overturned?
Further, who would cover the costs of removing the bollard?
I’m not sure how serious I should be taking this but there have been a small handful of people that have expressed their views about it. I’m just worried about further action. It’s really causing me a lot of stress. I thought it was all over when they approved it!
Jack, Struggler’s response above is right on the money.
I suggested telling the whingers to take it up with the EC and the strata manager purely as a diversionary tactic to get them off your back. I can’t see how anyone could successfully pursue this through the EC or at an AGM without arguing that they don’t want any control of parking in the building.
Pop-up bollards are probably the most cost-effective and least intrusive way of controlling rogue parking. Your EC should be (and perhaps already are) looking at formulating a policy for allowing bollards, their design and installation so they are ready when the next owner says they want one (as someone inevitably will).
If they wanted to change the by-laws to forbid bollards – which is what they would have to do – they would need to get the support of 75 percent of the owners. If there is any kind of parking problem in your building – as there clearly is – that’s not going to happen.
Meanwhile, relax. This is not an issue that you need to worry about. You have totally done the right thing and remember there will always be whingers and grumblers who have nothing better to do that complain about other people.
The next time they do, give them the address of this website than ask them, every politely, to leave you alone.
JimmyT
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This is between you and the landlord. If they have a problem, then they need to take it up with the owners corporation (strata, as you call them). But they can't just tell you to stay with a friend. You need to talk to someone at Tenants NSW (www.tenants.org.au).
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The only issue is that you have drilled into common property which you will almost certainly be allowed to do, with written permission (which you have) under both strata law and probably your by-laws.
The person complaining needs to a) talk to the EC, B) talk to the strata manager, c) get a life.
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