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So a pets by-law generally can’t easily prevent a pet being kept on the property initially, but once it is there, if it makes a nuisance of itself, then the by-law can allow for its removal.
You don’t need a by-law to remove a pet that proves to be a nuisance after it has been permitted. Section 158 (below) provides for that exact contingency.
However you could theoretically have a by-law that forbids pets that would be likely to create a nuisance, in the situations that you mention, such as cats in a bird sanctuary or large dogs in a scheme with substantial numbers of elderly people.
You might even consider a by-law where there are residents with proven phobias or deep-seated cultural or religious antipathy toward having animals around – although how that would be worded and enforced is another matter.
158 Order for removal of an animal permitted under by-laws(1) The Tribunal may, on application by an interested person, make an order against a person who is keeping an animal on a lot or common property in accordance with the by-laws for a strata scheme, if the Tribunal considers that the animal causes a nuisance or hazard to the owner or occupier of another lot or unreasonably interferes with the use or enjoyment of another lot or of the common property.
(2) The Tribunal may order that the person—
(a) cause the animal to be removed from the parcel within a specified time, and be kept away from the parcel, or
(b) within a time specified in the order, take such action as, in the opinion of the Tribunal, will terminate the nuisance or hazard or unreasonable interference.
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Eventually they worked out that No access = no discussion = no approval, so we’ve moved on from that particular stand-off.
Once renovators realise they don’t have the right to do as they please but the owners corp has the power to prevent them, compromise becomes a more likely possibility.
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I don’t want to fight with my neighbours but … any pointers on how to stick it up all of them????
Hmmm. Go in with that attitude and you are likely to lose. Even those who don’t want to get involved will join the defensive cluster. The two most compelling arguments in strata are how much this will cost owners if they don’t agree do it and how they will benefit if they do. The “we have always done it this way…” argument rarely passes muster, especially since, in the churn of new people in any block, many people relish change for its own sake.
Perhaps if you explain to owners that the strata manager has made several errors in pursuing this and you have been advised that you have a strong case which you intend to take to the Tribunal. If the strata scheme loses – as you are sure they will – the OC will have to raise a special levy to pay all their legal costs but it will exclude you. In other words, if they want a fight, they and not you will have to pay for it if they lose. The words “special levy” usually get people’s attention.
BTW, I am not suggesting that you will prevail at a tribunal, but if you are prepared to engage in a little bluster – baffle them with BS and blind them with bush law – you might get the majority of owners on side and that is all you need.
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Or is this a simple loophole in the system as they have stated that you can have a pet as long as it’s an assistance animal.
The assistance animal clause has been there for years, even before the recent law changes.
I suspect that the strata manager or owners corp hasn’t changed the by-law because they felt they didn’t need to. I would be very confident that you could have your pet but if you wanted to be sure you could write to the strata secretary and tell them that their by-law is out of date and you won’t be abiding by it.
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The idea of running off to the lawyer is just not in keeping with that objective. Reverse mortgage could be an option but you need to find some way to communicate with her.
That’s why I mentioned Marrickville Legal Centre which helps older people in NSW strata deal with problems and puts them in touch with the services that can help them. They may well know a service that is better equipped to communicate with this neighbour.
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Seems to me you have already discovered enough to merit an approval or disapproval “in principle”. Since, by your own admission, you don’t have the skills required to assess the plan in its current form, I don’t see what more useful information engineers reports and architectural drawing s are going to provide.
The committee doesn’t have the power to approve or deny this level of work as the owner will be affecting and maybe intruding into common property. so the owners corp have the whip hand here.
Also, I can’t see how the by-law required would be a standard one. This is a specific project that will require specific by-laws. I would tell the applicant to go away and come back with more information.
But, to get back to your original question, of course a strata committee can give owners an idea of whether or not a project will be approved without committing to a decision either way.
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There is nothing wrong with the committee saying they approve a project (or otherwise) in principle but subject to the usual by-laws and owners corporation approvals. Asking someone to go and get all the paperwork, by-laws and detailed design done before you even look at it is a bit much when it could say from the beginning whether or not it supports the plan and why, allowing the applicant to make adjustments or even abandon the project before they go too far down the road. The committee can’t approve major renovations and it can only place conditions on work for minor changes.
Saying that a proposal is OK subject to approval by the Owners Corporation, including relevant by-laws, doesn’t commit either party to anything, except to consider the proposal on its merits.
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Make clear what you objective is e.g to collect the arrears in full come hell or high water. Don’t suggest that you’re open to payment plans or the like.
Seems harsh. My suggestion would be to contact Marrickville Legal Centre (MLC.org.au) which helps older people suffering financial hardship with strata issues in NSW. They will know a way to go with this where an equitable solution is achieved, and the scheme gets its money.
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It may be worth looking at these documents but be warned that the first one is more an advisory and some of the links to other fact sheets are defunct. However it does refer to some of the issues mentioned in Sir Humphrey’s post, such as proximity to dwelling and a fence to force the bees to fly higher. Your swimming pool will be a magnet for the bees in summer.
The second focusses largely on nuisance related to health issues for people who are allergic to bee stings
Backyard-beekeeping.pdf (nsw.gov.au)
Nuisance-bee-complaint-policy.pdf (nsw.gov.au)
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Wouldn’t the simplest thing be to just recode the lock and don’t tell the old committee members? You never know when your “tradies'” toilet might be very useful again. Also, there seems to be a lot of anger in your scheme – isn’t that the main issue here?
But to answer your question, you may need a special resolution (same voting threshhold as a by-law) because you are radically changing common property.
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For a time, if you convinced NCAT that your strata manager was incompetent, they would appoint a compulsory manager to take over all the functions of the committee (bit of an over-reaction, methinks).
However, we recently reported a case where the strata committee got rid of the strata manager and had them replaced by a compulsory manager whose role was restricted to only the normal functions of a strata manager.
On the other hand, we have recently seen a strata manager who was removed by three strata schemes, then appointed as a compulsory manager to a fourth scheme.
The tribunal is unlikely to remove your strata manager and leave you find someone else. Go to the tribunal with a strata manager who is happy to take over only in that limited role and you have a better chance of success (depending on which Member you get).
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If you can find a way of making sure the lift phone is connected to the lift service provider’s emergency number, you may be OK. Otherwise, what does someone who is trapped in the lift at 2am who doesn’t have a working mobile do? It sounds like another embedded network rort but there may be no alternative.
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Have you considered self-management using software like Stratabox (our sponsors)? If you are as low maintenance as you say, why not cut out the middle person and just deal with stuff yourselves? If your strata managers are only getting the average fees, based on a cost per unit of, say, $220, that adds up to $1320 a year for the whole block; i.e. it’s literally not worth them picking up the phone more than a handful of times.
Smaller firms have ways of amortising their costs for small blocks – but these days of Zoom meetings and management and accounting platforms, self-management is worth considering.
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I, like others on this website, am neither a lawyer nor expert.
You missed out the word “some” before others. There arecontributors to this website who are both lawyers and experts.
As to your point, this case, which is about non-resident owners of car spaces, appears on a number of occasions to refer to the OC’s acknowledgement that they can’t prevent non-resident car parking space owners from using common property facilities. If the case in Parramatta referred to by SPManager (above) can be cited, that would clarify things a lot.
Meanwhile if parking space owners can use the pool, I guess apartment investor -owners can too. This would be open to specific interpretation, of course.
BTW, the actual dispute was about non-resident car space owners (and renters) not being allowed to park in spaces because the DA for the building referred to parking for the “occupants” and “residents” of the block. The Tribunal felt that the intent of the DA was to get cars off the street, not to give exclusive parking rights to owners in the block.
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There is absolutely no way for me to “immediately” before the “meeting” to notify the SM of my request for a poll vote because who is to say he will look at his email or answer the telephone in a timely manner?
I think the law says immediately before or after the vote. Which means if you are at the meeting – physically or virtually – then you can ask for a poll vote, a request that should not be denied.
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