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I’m going to jump in here and say it’s all very well reciting what the CTTT says it’s supposed to be but the reality is very different. Many CTTT adjudicators and Members are notorious nitpickers and others are terrified of making perfectly reasonable interpretations of the law in case they are criticised.
They will, as a matter of policy, not advise individuals on how to prepare their cases (either complainants or defendants) they say because they can’t be seen to be taking sides. This is a cop-out. We had a case in this very Forum recently where a violent criminal was allowed to continue his appalling and intimidating behaviour because the plaintiffs had not known they needed one piece of paper (which they had on file – just not with them).
Anyone who takes a complicated case to the CTT without at the very least the help of their strata manager or, in serious cases a strata lawyer, is taking a huge gamble with their time and energy (and that’s a cost too). And strata managers will quite rightly charge you extra for helping defend a case.
The CTTT will tie itself in knots to avoid awarding costs, even under the circumstances cited. I have seen the most ridiculous cases argued and argued over again by obsessed residents for whom spending $75 to keep their EC and strata managers running around answering their complaints is a good few weeks’ entertainment. Do they ever have costs awarded against them? You have to be kidding!
Right now the CTTT seems to be passing even vaguely complicated issues on to the District Court for appeal, maybe because they have stuffed up so many times that they are an embarrassment to themselves and it looks good on the figures if they say they have dealt with cases “espediently”.
I know a couple of CTTT members – good, smart, dedicated people – who live in despair of the time servers, failed lawyers and “mates” who undermine what should be but isn’t a fair and inexpensive tribunal.
A panel of one strata manager, a strata lawyer and an experienced Executive Committee member could sort out most of these issues in minutes. Instead you have an organisation that claims to be simple, fair and cheap but which is actually complicated, bureaucratic and, one way or another, a terrible drain on people’s resources.
The cost of an application is far from the only expense. Even if you don’t hire your strata manager or a lawyer, time is money and wasting your time at the CTTT – and preparing the meticulous paperwork they demand – can be a particularly pointless expense. The only Strata professionals I’ve met who think the CTTT is working well, efficiently and inexpensively are the people who work for it (and even then …).
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Had the same problem – one nuisance owner attracting flocks of nuisance birds.
We recently updated our by-laws to include this among a raft of regulations:
5 Your Lot
What you must not do
5.2 You must not:
(e) feed wild birds on or from any balcony;
Once that is passed, notices to comply can be issued with reasonable certainty that the CTTT will support them and impose fines where necessary
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Hey, it surprised me too but I diligently went through and collated all the numbers of times articles had been read and that’s what I came up with.
No one was more surprised than I was that defects was top of the list or that pets didn’t get into the top 20 either. Maybe there’s a growing acceptance of noise in apartments or people are starting to behave a bit better. It’s hard to say
Thanks for your comments about Apartment Living which I am currently revising. It’s a long time since that came out and it badly needs a re-write. And people seem to be borrowing it from libraries in large numbers so I really should bring it up to date.
For what it’s worth, I still think noise is an issue in apartments … maybe not for the people who read this website. But maybe this will get something started.
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This is really interesting but I wonder if it applies within strata. After all, the owner of the land is almost certainly the Owners Corporation. I reckon it comes under the OC's duty to maintain and repair but then you have the problem of defining what that means – you can maintain a hedge by encouraging it to grow, after all.
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I think most people would agree that even if the CTTT got ONE of b), c) or d) right consistently they'd command a lot more respect in the strata community.
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I have a horrible feeling that this falls between the cracks of Strata law and civil law (and I'm hoping a real lawyer will put me right if I get this wrong).
The developer has basically “stolen” power from the Owners Corporation but it might be hard to get a criminal charge to stick. Instead I would present him with a bill and invite him to agree in writing that it be added to his unpaid levies (as an alternative to prosecution).
Then use a reliable and experienced strata debt recovery firm (or lawyers who do this kind of work) and make sure you get a court order that means when he sells his apartment, the OC gets first bite of the cherry before the proceeds disappear. This can be done at no cost to the OC but it's essential you do this before he sells.
If he refuses to play ball, then establish this as a separate debt to the Owner's Corporation and pursue it by the same means.
I hope that's the best advice – anybody out there who KNOWS the best way to handle this?
JimmyT
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If dealing with rogue parking was that easy, then it wouldn't be a problem. There’s a big difference between knowing the law and correct procedure and managing these problems in an effective and civilised way.
The use and apparent abuse of visitors car spaces is part of the ebb and flow of strata life. Would you ping someone visiting a sick relative for staying a few hours too long? How about an owner who's juggling the departure of an old car after the arrival of a new one? Both of these may be in breach of the by-laws but does it really matter?
The problem arises with regular and persistent rogue parkers who think that fact that they have more cars than they have spaces to accommodate plus the fact that visitors haven't paid to park there, means they have the right to do so.
Then there are the commuters who have “mates” in the building who allow them to park all day while they catch the train to work. You can't fine, warn or tow people who are not subject to the by-laws of the building.
And if members of the executive committee expect some leeway themselves, don’t expect them to be too hot on enforcing the rules.
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I'd say the Owners Corporation has to fix it under their legal obligation to maintain and repair common property and then they can try to get the money out of a) the police (for breaking it) or b) the owner (for leaving their stereo on too loud).
a) Would mean a fairly frosty reception from NSW's finest the next time there's a genuine emergency
b) would mean a lot of hassle with no guarantee of a result worth pursuing (since you can't get costs awarded at the CTTT)
So, if they've got any sense, they'll put it down part of life's rich tapestry and be grateful there wasn't a dead body in there. That's probably not the strictly legal answer but I reckon it's the most pragmatic.
Oh, and set up a register of who's got residents' spare keys.
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There is an increasing number of strata specialist search firms – or, at least, they say they are – employed by solicitors. The problem is that if your solicitor or conveyancer doesn't know what to look for then they won't know what's been missed in the search. There's a case elsewhere on this Forum of a woman who bought an apartment in what she thought was a pet-friendly building, not realising there was a plan at the next AGM to ban pets. Neither her solicitor or their search people had thought to tell her about this.
Strata is a special area and you should use specialists at every opportunity.
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OK, the first thing you need to know is that the Owners Corporation needs to go ahead and get this fixed. Such is the genius of strata laws in this State that the only people who have to pay for defects, by law, are the victims of shonky developers.
Your choice is whether or not to fight a lengthy legal battle – which will cost you lots of money and the kind of emotional energy you can't even quantify – with no guarantee of success even when you have a watertight case.
I have observed at close quarters a multinational company and a bunch of useless lawyers and worthless so-called experts milk millions out of my neighbours, costing them more in legal bills than they got in payment.
So here is my advice. Get a company like Integrated Buildiong Consultants to come in and tell you how you can get your defects fixed most cost-effectively. raise the money and get it done – at least you will protect the value of your homes. As soon as possible in the process, register your claim for defects.
Then get a good strata lawyer to tell you what your realistic chances are of recovering the money. This may be a fight you can't win so the best thing you can do may be to just save yourself a lot of grief and suck it up.
Meanwhile join the Owners Corporation Network (CLICK HERE). In fact, they are having a seminar on May 28th in Kirribilli so click on that link to fingd out more. Best of luck.
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The act says this:
12 Quorum
(1) A motion submitted at a general meeting of an owners corporation must not be considered, and an election must not be held, unless there is a quorum present to consider and vote on the motion or on the election.
(2) There is a quorum for considering and voting on such a motion or at such an election only if:
(a) at least one-quarter of the number of persons entitled to vote on the motion or at the election is present, either personally or by duly appointed proxy, or
(b) at least one-quarter of the aggregate unit entitlement of the strata scheme is represented by the persons who are present and entitled to vote on the motion or at the election, either personally or by duly appointed proxy.
(3) However, if there is more than one owner in the strata scheme and the quorum calculated in accordance with subclause (2) is less than 2 persons the quorum is 2 persons entitled to vote on the motion or at the election.
The emphasis there was mine. Then quickly moving on to the section about who is and isn't entitled to vote, it says this:
10 Persons entitled to vote at general meetings
(8) Voting rights may not be exercised if contributions not paid
A vote at a general meeting (other than a vote on a motion requiring a unanimous resolution) by an owner of a lot or a person with a priority vote in respect of the lot does not count unless payment has been made before the meeting of all contributions levied on the owner, and any other amounts recoverable from the owner, in relation to the lot that are owing at the date of the notice for the meeting.I would have thought “entitled to vote” implies that your vote would be counted. My reading is if you're not “financial” you can't vote and therefore can't be considered as forming part of the quorum.
In other words, you can raise your hand as often as you want but if your levies aren't up to date, you can't propose motions, nominate candidates for election or vote on motions. You are effectively not present. But I am, as ever, open to being proved wrong.
Jimmy
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If this is the block I'm thinking of (in Bondi??) it's all studio apartments which are very much designed for young singles. The market will determine whether or not this is a good idea but it seems to me it's all or nothing. Either bikes or 20 more cars parked in a suburb whose streets are already choked with vehicles.
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I think you can do it this way but only with a unanimous vote in support.
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It has been established in law that the Owners Corporation has full responsibility for maintaining and repairing common property, regardless of whatever claims they may have against anyone else.
I can only recommend that you speak to a specialist strata lawyer about what claims you can make but it would think loss of rent because of the leaks, repairs needed to your property and a demand that they get this properly fixed NOW would be on the agenda (plus any legal costs that accrue).
They will advise you on the best course of action but I would also say, if possible, do anything you can to avoid taking this to the CTTT which is a lottery and which can't award costs.
Don't forget, it's none of your concern who should have done what and when – the OC has to maintain and repair common property and face the consequences if it doesn't. However, they should be having a hard look at their building manager if this is the level of service they are getting.
JimmyT
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I've done a bit of checking for Care&share and this is a much more common issue that even I thought. I'm gathering responses from various strata professionals and they will appear in the Flat Chat column in Saturday's SMH (then right here too, of course).
Meanwhile anyone who has any ideas or similar experiences, feel free to chip in.
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