Forum Replies Created
-
Replies
-
Just to be clear, this is an owners corporation responsibility until such times as they can prove it isn’t. Threaten them with actions at NCAT or, even better, start a mediation process at Fair Trading with a view to taking them to the tribunal if it is unresolved.
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.
For example the owners need a special resolution to engage lawyers if the cost is above $3000.
Where in strata law does it say that? Section 103 of the Act says approval must be given at a general meeting for legal expenses of over $10,000 – NOT $3000 and NOT a special resolution.
…the OC may not use a lawyer in NCAT unless the court agrees.
This is rarely if ever refused these days. Tribunal members found they were spending too much time explaining strata law to self-representing owners and strata committee members.
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.
Or pass a by-law and enforce with notices to comply and fines.
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.
Contact an experienced strata lawyer ASAP. If you win, you won’t have to pay your share of the OCs defence expenses and you could get costs awarded.
And stop writing in ALL CAPs, it makes you look a bit mad and Trumpy and is harder to read so actually has less impact.
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.
Who determines how an AGM is held and can the Owners insist on a face-to-face meeting? How?
The secretary of the strata committee is the point of contact here but they have to do what the committee and ultimately the owners want.
Put a motion to your next committee meeting or, indeed, the next AGM that future general meetings should be held in person but with Zoom access for owners who can’t attend.
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.
Is this in NSW? Have a look at this fact sheet. I believe the owner may have committed an offence by not restraining the dog which then attacked another animal on a property that was not its own territory. Fines and compensation may apply. The blame for the hole in the fence is less significant than the responsibility for a dangerous animal.
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.
When it comes to by-laws prohibiting STHL, a strata can adopt by-laws that limit short-term rental accommodation in their strata scheme, by banning it in lots that are not the host’s principal place of residence.
This only applies in Greater Sydney and one or two selected regional centres. Elsewhere, it’s open slather and a ban on short-term rentals would be invalid.
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.
Thanks for your responses. Somehow they are not being emailed to me so sorry for the delay.
Have you subscribed to the topic? It should happen automatically but if it’s been knocked off you may want to reinstate it. The check box is under the Tags window below on the left (on this screen).
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 was just about to chip in on this topic when the above response appeared. The thing is, in NSW we now have a very special resolution called a sustainability infrastructure resolution which is a special resolution which only requires a 50 per cent vote in favour. I believe that the installation of double glazing is a “sustainability” measure, so you can take that to your strata manager and ask them what they want you to do next.
132B Financing and installation of sustainability infrastructure(1) Before approving a sustainability infrastructure resolution, the owners corporation must consider the following—
(a) the cost of the sustainability infrastructure and works including any expected running and maintenance costs,
(b) who will own, install and maintain the sustainability infrastructure,
(c) the extent to which the use of the sustainability infrastructure will be available to all or some of the lots in the strata scheme,
(d) any matter prescribed by the regulations.
(2) In this Act—
sustainability infrastructure means changes to part of the common property (which includes the installation, removal, modification or replacement of anything on or forming part of that property) for any one or more of the following purposes—(a) to reduce the consumption of energy or water or to increase the efficiency of its consumption,
(b) to reduce or prevent pollution,
(c) to reduce the amount of waste sent to landfill,
(d) to increase the recovery or recycling of materials,
(e) to reduce greenhouse gas emissions,
(f) to facilitate the use of sustainable forms of transport,
Note.For example, installing electric vehicle charging stations.
(g) a purpose prescribed by the regulations.
sustainability infrastructure resolution means a resolution to do any one or more of the following that is specified to be a sustainability infrastructure resolution—(a) to finance sustainability infrastructure,
(b) to add to the common property, alter the common property or erect a new structure on common property for the purpose of installing sustainability infrastructure,
(c) to change the by-laws of the strata scheme for the purposes of the installation or use (or both) of sustainability infrastructure.
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.
My question is does anyone know of any instances where calling this type of behaviour out as an offence has been used successfully to stop bullying and harassment in this type of situation?
Getting back to the basic question, my answer would be “no” (but that doesn’t mean it hasn’t happened).
The basic tool in a bully’s locker is intimidation. Which means they will have intimidated other owners and committee members too. You could call them out by seeking mediation and an action at the Tribunal to have them removed from office or their position on committee. It probably won’t work but it will sow the seeds of discontent and maybe even rebellion among other owners.
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.
Ah, if the aircon and exhaust fans aren’t common property, then your next step might be to follow Kaindub’s advice and issue an APVO – but since that didn’t work in the past, it’s unlikely to work now.
I think the fact that this individual has targetted several residents in the building previously may justify Owners Corp action. It’s not mandatory but no one will go to the tribunal if the OC contributes to legal fees.
Perhaps a writ for damages of tens of thousands of dollars might put her gas on a peep. I’m not saying you’d win such a case, but maybe the threat of having to pay a lot of money to defend it and potentially more if she lost might put her back in her box.
That said, if we are talking mental illness here, logic may no longer apply.
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 don’t think we need to get into the weeds on this. The amount the insurer will pay to the OC will be based on their insurance cover, which may well include an excess. The amount the OC owes the lot owner is based on the OC’s liability. If there is an excess in play, the OC needs to make up the shortfall to the lot owner.
In short, the amount the insurer pays the OC and the amount the OC pays the lot owner will differ by the amount of the excess.
Misunderstandings often arise in these issues when the strata committee thinks they only owe the lot owner what the insurer paid to them. This is not the case – they have to cover their liability. If they disagree with the lot owner’s assessment of the damages, then they have to thrash that out between them.
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.
Did the insurer agree on the specific amounts or just on the principle that your claim was valid?
Also, it may also be the case that the insurance cover has an excess component which reduces the pay-out.
If that’s the case, then you should claim the balance from the owners corporation. And don’t get drawn into an argument that they are only liable for the amount insured.
If the OC has saved money in insurance premiums by including an excess, so be it. But that doesn’t mean they aren’t liable for the full amount of the damages.
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.
…this is pretty straight forward… unfortunately for both sides, neither argument holds for strata. It’s the will of the majority.
But as you well know, it’s not a “straightforward” matter. The non-resident owner seems to have geed enough people up for this not to be a simple matter of voting one way or the other.
Some people in strata schemes won’t get involved because they don’t want to take sides. Often, people who are not directly affected by an issue will either vote with the people they like and support or are intimidated by, regardless of the legal rights and wrongs.
Or they will not vote at all to avoid upsetting either side.
That is the reality of democracy in strata and sometimes you have to rub people’s noses in it just to get a logical response.
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.