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Legal advice says if the unit block is zoned “light industry” we can’t stop them moving in with embroidery machines.
Well, is it designated as “light industry”? This is the first time this has been mentioned, as far as I can see. The DA referred to would be for a change of use. But if it’s already designated for light industry, that would hardly be relevant. However, they may need both council and strata approval for building walls and cutting down trees.
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unless the waterproofing involves some kind of common property.
Walls separating your flat from common property or another lot ARE common property in NSW, as is the floor in an apartment building (but not necessarily a townhouse).
Waterproofing is the single most common defect in apartment buildings in Australia – because it’s so easy to get it wrong – and water going where it shouldn’t can be massively destructive for properties.
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it looks like the issues you raised are local council and not strata matters.
Issues of noise and disturbance certainly ARE strata matters. And there is also a question of insurance as strata law allows OCs to charge owners for any increase in insurance premiums brought about by a change of use of a lot.
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It all depends if the windows were installed under the terms of a special by-law and what the terms of the bylaw were, concerning ongoing maintenance.
If there is no by-law on record, but the previous owner had written permission, it gets very murky. Chances are you have to fix them yourself but responsibility could default to the OC but that would mean they also “own” the windows and could decide to remove them.
If the previous owner didn’t have permission, the owners corp could ask you to either take responsibility for the maintenance (via a special resolution) or remove the windows entirely, so you might not want to push the maintenance issue.
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Can the strata manager give lot owners contact details out to a third party without the lot owners consent?
The SM can do this if a current owner approves it. It’s common practice when a prospective owner wants to do a thorough search and it’s just a way of speeding up the process that would otherwise involve the vendor getting the information then passing it on to their solicitor.
As far as the strata manager “taking instructions” from a purchaser’s solicitor, all you can do is to ask them why and if they refuse to answer, report them to Fair Trading or threaten to do so.
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The solicitor has also just directed the strata manager to cancel a strata meeting and they are taking directions from the a third party.
Who is taking directions from a third party? And what is the problem behind all this?
Also, the above post was the third you have sent on the same topic – that is a clear breach of our rules. An earlier one said this:
Our strata manager has cancelled an EGM without consulting the commitee first. They also appear to be taking directions from a third party without the consent or approval by the committee. In this case the solicitor of a purchaser who is seeking to buy a unit in the building is giving them direct instructions.
I am wondering if this permitted? Surely the strata manager has a duty of care to take instructions from the committee not a third party?
There is obviously something you are not telling us. And what does the strata manager say about all this? Why would they take instructions from someone who isn’t even an owner yet?
BTW, there is nothing wrong with a prospective purchaser or their representative chatting to owners about the state of play in the strata scheme. In fact, it’s something I would highly recommend.
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If necessary the chair has a casting vote too.
In ACT and Victoria but not in NSW or Queensland.
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Why not get a cheap second-hand phone on a low-cost plan (all paid for by the OC) and the phone can be held by anyone on the committee who is “on call”.
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The critical issue is whether waterproofing on common property floors and walls will be affected. If not, it’s a minor renovation and only requires strata committee approval (which may not be unreasonably refused).
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I think you might benefit from asking your neighbour what it would take for him to not park where he does. If he shows no interest, then you could raise the question of by-law breaches such as diging up the flower bed without written permission (??) and using his lot in a way that affects the peaceful enjoyment of yours – plus breaching the terms of the agreement that allowed him to build the car port and garage.
Once he has calmed down after that, ask him again or suggest mediation. And if none of that works, hit him with by-law breaches and a complaint to the council. It won’t do much for neighbourly relations, but you should get a result.
BTW, it should only take a simple majority vote of the owners (which you hold) to issue a by-law breach notice.
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Unless there is a by-law covering behaviour of residents and their guests which is specifically and clearly being breached by the intimidating person, this is a civil matter, not a strata issue and should be dealt with by the police or courts.
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I would have thought as chair you could just go ahead and action the committee’s collective decisions. The decision has been made. The Owners Corp can override the decisions of the committee – not the other way round.
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Firstly, if the access ramp was part of the plan approved in the original DA, it should be installed, regardless of the original builder’s disappearance. If a resident requires the ramp in the future, it will have to be installed anyway.
This would be considered a major renovation as it affects common property (and possibly the external appearance of the block) and therefore requires a special resolution.
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A few pertinent questions:
- Is this in NSW?
- How big is the scheme?
- How many resident owners do you have?
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