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That is not a strata issue, it’s a person issue.
That is simply not true.
It is a strata issue if the owners corporation decides it want to get involved – and whether or not they can legally do so is the whole point of this post.
AVOs, as has been discussed many times on this forum, are hard to get and harder to enforce.
“… there is often a gulf between the letter of the law, its intent and its implementation. And it’s that latter reality with which we have to deal.” Your quote about APVOs from January last year
The question here is that, if the owners corp wants to get involved, would it be valid for them to do so? And my answer is, if the fan and aircon are common property and therefore causing the alleged nuisance, then yes, it is valid.
By the way, I also believe that corporations are, legally, considered to be “persons”. And what if the “affected owner” (I assume you mean the person receiving the complaints) gets an APVO against them to stop doing whatever it is that their fans and aircon are doing.
If it’s common property it’s not their equipment so there’s nothing they can do.
Assuming the equipment is common property, the common sense approach to this would be for the OC to stand with the owner – unless the owner is using the equipment incorrectly, dangerously or offensively.
In fact, if the “affected owner” simply said “This is not my equipment so I can’t do anything about it” the unreasonable neighbour might decide that taking on the whole building was a fight they didn’t want.
Either way, I stand 100 per cent by what I wrote before – if the equipment is common property, the OC can get involved and, in fact, may have little choice in the matter.
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The strata manager can (or should) only act as instructed by the strata committee, provided the action complies with strata or any other law. What you could ask them to do is to send out a straw poll sheet outlining the basic arguments for and against lopping, and asking owners to vote.
Alternatively, if an individual owner is affected to their detriment, such as by over-shading, they could commence action at Fair Trading then NCAT to force the owners corp to fix the problem. The point of this would not be to drag the OC to the tribunal, but to make the other owners aware that doing nothing can come at a cost; and if they don’t want to waste money defending a position that a majority may not support, then they should empower the strata committee take the appropriate action.
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Regarding overload and optimising cheap electricity (if there is such a thing anymore) I believe there are centralised distribution systems available that will share the power supply to where and when it’s needed, slow down or shut off the car charging during peak domestic usage hours and otherwise use power when it’s at its least expensive.
EVSE Australia is just one provider that will install such a system. There are others but not all have dedicated unit block systems. This is one instance where an embedded network may be exactly what you are looking for – the provider installs the equipment and on-sells the power at a profit and your EV owners get it on a user-pays basis.
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Depends on whether the exhaust and aircon are common property or not. That’s your starting point.
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The law currently says you must have an AGM in each financial year (not on the anniversary of the previous one). So, theoretically, you could have AGMs 23 months apart – July of year x and June of year x+2.
In your case, if your last AGM was October 2021, your owners corp is not obliged to hold one before June this year.
With that in mind, you may want to hold fire but you could have any motions presented now, if you wished, as they must be put on the agenda for the next general meeting, whenever that might be.
That said, why scare the horses and show your hand at the same time. Just be ready to move as soon as a date is announced.
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Would sub-letting one room in a property for “sharing” be more likely to come under the definition of boarding or lodging, which is exempt from most RTA requirements?
The definitions are a bit fuzzy but for the purposes of this discussion, I would say if your name is on a lease agreement – even as a sub-tenant – then it should be on the strata roll too.
There are definitions of boarders and lodgers in this factsheet which are quite helpful although none of it directly addresses strata schemes.
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I would suggest the sub-leasing mentioned in the legislation is intended as whole of apartment, and not just renters within the apartment (assuming the leasee is there also).
This is what section 258 of the Act says:
258 Tenancy notice to be given to owners corporation of leases or subleases(1) If a lot is leased, the lessor must give notice of the lease, in accordance with this section, to the owners corporation not later than 14 days after the commencement of the lease.
Maximum penalty—5 penalty units.(2) If a lot is subleased, the sub-lessor must give notice of the sublease, in accordance with this section, to the owners corporation not later than 14 days after the commencement of the sublease.
Maximum penalty—5 penalty units.(3) If a lease or sublease of a lot is assigned, the assignor must give notice of the assignment, in accordance with this section, to the owners corporation not later than 14 days after the execution of the assignment.
Maximum penalty—5 penalty units.(4) The notice must be in writing and specify—
(a) the name of the tenant and an address for service of the tenant, and
(b) the date of commencement or assignment of the lease or sublease, as the case requires, and
(c) the name of any agent acting for the owner in respect of the lease or sublease.
I’m not sure exactly what that means but I reckon if someone has signed a residential tenancy agreement, even if it’s only for one room, then they are a sub-lessee.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 believe that the law says you must be allowed to change your energy provider if you wish, regardless of who owns the rights to the embedded network. That allows for healthy competition, but it only applies to power supplies.
If your developer has done a deal with, say, a ventilation company to install fans for your garage areas for free in exchange for promising to dupe the owners corp into a decades-long maintenance contract, then it is definitely NOT to the owners’ advantage.
The worst example I have heard of is a company installing storm water overflow tanks for free in exchange for a 99-year agreement that they would get the filter maintenance contract, with a guaranteed 5 per cent rise every year. Just to save you getting your calculators out, with the interest compounding a $5000 contract in year 1 would cost just under $8000 in year 10 – an increase of 60 per cent over 10 years.
Nice work if you can get it.
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I’m hoping someone from Victoria will jump in on this because the law there is different from NSW in so many ways (yet exactly the same in others).
I guess the question is, did you do something to cause the water leak (inadvertently, obviously) such as retiling your bathroom but not having it waterproofed properly?
Or was it a fault with common property piping that happened to be serving your lot?
Simple answer – write to your committee and ask them to put in writing why they think you should pay for this and why they haven’t claimed it on building insurance. Their response may speak volumes.
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It’s about time they had a basic skills and knowledge test for rental agents – they tend to be the lowest of the low in real estate.
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Find another share house – easier now that you’re in the city. When you find it, demand your bond back and if the other tenants refuse, tell them you will report the pet stink to the agent and they will all be thrown out. You can’t be expected to live in someone else’s pet’s ordure.
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If these are fire doors (including the front doors of your flats), it may be that the fire inspectors have turned the closure mechanism up to 11, rather than the fast-then-slow action that they are designed for. Also, if they are fire doors, they are common property so you shouldn’t touch them. Send a note to the strata committee asking them to investigate why the doors are so noisy, then do something about them.
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revisit it with them in a ‘line of line upon line, item by item’ approach and pushing each to completion slowly but surely so as not to overwhelm me, as much as them, to get things done as required.
That makes perfect sense too.
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What might be the way to get these things re-addressed, and what tone would be the way to approach that with?
I think the simplest way would be to submit a motion to the next BC committee meeting asking what has happened to each project, why it has stalled, what plans there might be to complete it and what the completion timetable is.
Failing that, an explanation of why it has been abandoned despite being approved by the majority of owners.
In other words, put the cat among the pigeons and see where the feathers fall.
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