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That doesn’t seem right that the Strata Manager could or would make submit a motion out of a general update issue
To be fair, we haven’t seen the motion and it could be the OC being instructed to examine the issue and report back.
As to if your block has enough funds, or not. That doesn’t fly.
Not sure what you mean by “doesn’t fly”. Obviously lack of funds is an impediment. But you’re right, at some point someone is going to have to come up with an assessment of how much work is required and how much it would cost.
If it was my scheme, I would be asking how long the tiles are going to last, which roof is in the worst shape and work out a progressive replace and repair program based on the answers to those questions.
I would also float the idea of exploring the use of a cheaper but visually acceptable and equally resilient alternative, which would probably require a change in the by-laws..
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Replying to Flame Tree (there is no Reply/Quote button underneath the post):
On my screen, it’s above the post – but that might just be mine
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Have a look at this website, specifically Section 2: Simple Ways to Keep Bees Away from Your House: 12 Steps (wikihow.com)
I’d be planting peppermint plants along the fence line – they might even drive the bees towards you neighbour’s home.
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Seems I was wrong about the connection, which changes a lot.
As for the charge, this is another example of anti-strata illogic. I wonder how much it costs NBN to cable 13 separate houses compared to 13 units.
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How did this situation develop?
The building went up in the 60s, when the strata world was young and builders who had only ever constructed two-story houses (if even that) were suddenly building low-rise apartment blocks. Regulations were scant and easily ignored. We used to own an apartment of similar vintage where the bath and sink overflow was a shallow channel across a section of the bathroom floor to a pipe that dripped water on to the path below. As far as I know, it’s still there.
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There was a law brought in during the first expansion of mobile phone towers that allows telecommunications companies to demand access to install their equipment in apartment blocks. That has since been used – with varying degrees of success – by internet service providers wanting to put their equipment in blocks regardless of what the majority of owners want.
It strikes me that NBN is being unusually flexible in telling the scheme that it has an option. And there is a big difference between an individual owner rejecting a proposition because it offers a benefit that they don’t want, rather than a plan that would be to their or their property’s detriment.
Yes, there will be a cost, one assumes, through the scheme’s levies. But that is no different from any other investment in infrastructure that the owners corporation deems desirable or necessary.
Strata is an odd mixture of user-pays and collective financial responsibility. Sometimes you just have to suck it up when you are paying a share of something that doesn’t benefit you directly. Should people who have no car contribute to the upkeep or modernisation of the garage gate?
I can see how someone who has been smart enough to arrange internet connection via their mobile phone services – by-passing, for instance, an inadequate ADSL service – might feel slightly cheated when the rest of the block is suddenly going to have an equivalent or superior service and they will be part of a system they don’t need or want.
Is it really a matter of choice, anyway? Getting back to that telecoms law, I think NBN might be able to install the connections whether the strata scheme wants it or not. The choice comes when your mobile phone contract runs out and you can decide whether to renew or switch, which is not an option that’s available right now.
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Somewhere in your by-laws there will be one about not damaging or otherwise affecting common property.
There may also be one about not parking on common property without written permission.
If nothing has been done in writing to this point, then you might start by getting your strata manager to warn the tenant, the agent and the landlord that they are in breach, detailing the relevant by-laws.
If that doesn’t do the trick (give them 14 days to move the car) then get your strata manager to issue a Notice to Comply for each of these alleged breaches and also send them a letter reminding them that by being in breach of the by-laws also means they are in breach of the standard statutory rental agreement and may be liable to be eviction as a result.
To be fair, as a general rule, tenants are even less knowledgeable about their rights and responsibilities than resident owners (and that’s not saying much). I’m not in favour of issuing warnings before you send a Notice to Comply (which is a warning) but in some cases you may need to explain the facts of strata life before you take action.
Do it all through the strata manager – that’s what they’re paid for and it reduces the element of personal conflict.
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My understanding is that NBN only cables to an access point at or near the individualunits (although I may be wrong in this case). [Turns out I was – see Bubbles post below].
Then it is up to the service provider (like Telstra or IINET) to connect the modems inside the lots. This is a reasonable upgrade if the majority of owners agree. If they don’t they can vote to prevent it. But there is a principle here of collective responsibility taking precedence over individual choice. I don’t swim but I contribute my share of the levies for the heating and upkeep of the pool.
To many people, upgrading to NBN is as fundamental in a modern building as installing a TV aerial that receives digital signals. You might not want it or need it but, given that NBN have said “all or nothing” then you have to console yourself with the thought that you might change your mind or future owners will be glad that it’s there as an option.
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I would go straight to s237 except I don’t have enough evidence. Yet.
For the uninitiated, a section 237 is the “nuclear option” whereby a compulsory strata manager is appointed and the committee rendered obsolete for at least a year, usually two. It is not recommended (by this writer) for anything less than a totally and profoundly corrupt or incompetent committee that is clearly working against the best interests of the owners rather than for them.
In this case a better and more likely successful option may be to pursue orders via a Section 232(2) “Failure to exercise a function”.
For instance, you might send a simple, non-accusatory, written request to the committee that it immediately initiates or formulates plans to:
- Adequately insure the building as required under sections 160 and 161 of the Strata Schemes Management Act.
- Identify capital works required to fulfil its obligations under Section 106 of the Act.
- Take action to estimate and raise funds required to undertake essential maintenance and repairs, as well as capital works, either by a strata loan or a special levy.
Then you could add that failure to effect any or all of the above will lead to orders being sought at NCAT under section 232 of the Act to compel the committee to do so.
If they refuse or do nothing, and they are clearly shirking their responsibilities, that’s all the evidence you need to proceed to mediation and the pursuit of Section 232 orders. Meanwhile, find others in your block who share your view so that you aren’t carrying this alone.
S232(2) Failure to exercise a function
For the purposes of this section, an owners corporation, strata committee or building management committee is taken not to have exercised a function if—
(a) it decides not to exercise the function, or
(b) application is made to it to exercise the function and it fails for 2 months after the making of the application to exercise the function in accordance with the application or to inform the applicant that it has decided not to exercise the function in accordance with the application.
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Rough arithmetic here but if an apartment is worth $1million and you sell it and put the money in a high-earning account you will get about $55,000 a year. An apartment of the same value as the one you just sold should cost you about $850 a week $44k over the year. So you are $11k ahead … until your landlord asks for a 10 per cent increase every year (as they are perfectly entitled to do). Two years in and you might need to be digging into that capital or just have the hassle of finding somewhere new to live
A smarter move might be to let your apartment and negatively gear it, then rent somewhere better. Then you won’t have the hassle of living in a community you don’t like, you will still get capital gain but you still have the uncertainty of what happens when the lease expires.
The Australian system is simply not set up for long-term renters otherwise your plan would be pretty sound.
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These are two different issues. The owner isn’t paying her levies (or not paying the full amount). That doesn’t mean she is no longer a member of the Owners Corporation and entitled to see all its documents.
The strata manager or committee is denying an owner their legal right to view documents. However, if they are unfinancial, the owner can’t vote on a motion to restore their rights.
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If I renovate before leakage is apparent, is the OC responsible for replacing the membrane? Pulling up the bathroom tiles will obviously destroy the membrane, but it’s me that will be initiating this so it seems like it should be me that replaces the membrane.
Correct. Ad you should sign an undertaking that you and subsequent owners will maintain and repair affected common property.
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Propose a motion at your next general meeting instructing the strata manager to conduct all votes by poll votes. Show them how easy it is to do by loading up a spreadsheet with lot numbers and UEs. If they refuse, they will be in breach of contract so invite them to resign.
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I see your point, but doubt you have any lawful right to deny anyone not involved in the legal proceedings from accessing the documents.
Correct.
Unless, possibly, if those who you denied are not helping foot the OC’s legal bills.
Can’t imagine any circumstances where people who were not contributing – e.g. aren’t owners – would have any claim to see any documents.
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And of course the Committee would have had their legal expenses paid out of the Admin Fund.
If an owner wins their case at NCAT, the owners corp has to raise a special levy for costs that excludes the prevailing owner. That means ALL the owners except those who won the case would be out of pocket. If owners were made aware of this, strata committees would soon be told to pull their heads in when it came to frivolous cases.
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