Forum Replies Created
-
Replies
-
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.
If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.
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.
If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.
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.
If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.
If necessary the chair has a casting vote too.
In ACT and Victoria but not in NSW or Queensland.
If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.
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”.
If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.
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).
If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.
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.
If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.
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.
If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.
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.
If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.
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.
If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.
A few pertinent questions:
- Is this in NSW?
- How big is the scheme?
- How many resident owners do you have?
If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.
The worst that could happen is that you try to enforce the new rule and the validity of the rule is challenged and it turns out to have some flaw.
My own caution would be if there are particularly belligerent or litigious residents in the block. Unless your by-law is watertight then you could be tied up for months with challenges and appeals which is going to cost you time, energy and money anyway. A good lawyer will already know all the potential landmines and tripwires.
For instance, what if you define the maximum visitor period as, say two hours, and a rogue parker just moves to another spot or takes the car for a spin round the car park every couple of hours.
You wouldn’t need a by-law unless there was some selfish person already bending the rules. Don’t sink your ship for a ha’pence worth of tar.
If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.
The could be quite simple or it might be a little bit complicated. Go back to the original strata plan and if it shows the tub and spa as common property then the body corporate has to retore it.
Even if it’s lot property, there’s a general principle (why may or may not apply in Queensland) that if the owners corporation has to break lot property to fix common property, then it also has to repair the lot property.
You get there’s a little envy at play in this but I think the BC and building manager are wrong. If they don’t want to replace the tub and spa, find a way of fixing the roof without touching them.
It might be different, of course, if the tub and spa were lot property and they were causing the problem. But then again it might not.
If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.
I disagree with 3. If the owner of the upstairs flat is liable for damage to common property, then they are liable for damage to personal property in the unit below.
It sounds like the quoted strata manager is talking about issues in which the owners corp would get involved – and damage to common property is one of them. But liability doesn’t end at the point where the OC stops caring.
If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.