[Janet]

Hi Whale

Extract from council letter received yesterday; Council, by the way, were flabbergasted that the EC were giving us 90 days to remove the stairs.

“Upon observing the strata plan, it appears the total floor area afforded to Lot…

is 236 sqm, being both areas labelled ‘Part 1’ on that plan sized at 200 sqm and 36 sqm. 

Consequently, it is considered the upstairs floor area of Unit 1 is not ‘Common Property’ for the purposes of strata management and is afforded to Lot SP….”

The plan shows the main areas downstairs as Part 1 – then another area which indicates the upstairs area as Part 1. This applies to all the 6 villa, Part 2 and so on.

Council go on to suggest legal advice and that council is not responsible for interpreting such documents, nor should council be held liable….etc.

All villa owners with stairs have improperly used upstairs as habitable area’s. In my case this is infrequently. 

I contacted the EC yesterday and offered an olive branch. I have given them a copy of the council letter. They have agreed to attend council and view my file.

I pointed out the SBL was at the behest of the SM who claimed my stairs were illegal and the upstairs was Common Property. I had always asked the SM to prove his statements. (Whether my stairs are illegal is now a moot point).

That I had claimed all along that my stairs were installed by the developer.  I had paid a Building Surveyor to report on info that he had viewed in my file at council. This report was ignored, tossed aside by the SM who said “Oh, he means ladders”.

Council said last week that they had requested the developer to remove the stairs or reapply for approval, the developer did not respond, council did not ‘follow up’ . She said there were many other issues to be resolved at the time (this was 1998) and all the necessary certificates were issued. She said that directive to the developer to remove the stairs still stood.

She said I could engage a builder to check that my stairs would pass council inspection, and if so, I could then apply for continual use of the stairs. There are two ways, frequently or infrequently used. If I were to proceed, I would apply for infrequently.

I said we would not sign the by-law until such time as the SM and OC claims are verified or dismissed as to Common Area or not.

I also said the repairs to my upstairs are completed, paid for by myself. That this whole situation is going nowhere. So why not let sleeping dogs lie.

I can certainly contact LPI, but I feel the EC will probable have done this today.  I will check.

You are right about different horse, same jockeys. Thanks again for your assistance.

Janet

[Janet]

Hi Whale

I take your point. While it is raining on my parade I might shed a few tears.

You are right. It is only council’s interpretation.The only CP on the strata plan is the stairwell in the block of 4 units which is part of our 10 lot.

The ‘member’ today was quite fair during the ‘phone’ conference but I found his accent a little hard nor could I understand the legalities.

The EC appointed the SM to speak for them. This was difficult as he is conversant with these situations and I really had to stand up to him.

Although other people were on the phone it became an all out battle between the SM and myself.

The ‘member’ asked why I thought having a compulsory manager would solve any of the problems within the strata.

I said that there was no trust, that I/we believed the strata was dysfunctional and that we were unfinancial. 

At that point I realised that the ‘member’ had not read anything. I had to explain our financial situation to him.

The result:

The SM gained permission for the OC to commission a strata lawyer. I was granted the same right. We have 28 days to file submissions.

The ‘member’ told me to apply to have the  Motion for the 90 day removal of the stairs rescinded. He advised me to get a solicitor.

The ‘member’ seemed confused and stated that the application had been dismissed. I explained that this was an appeal based on the untruths stated by the SM in response to our application. We had proved these untruths. Along the way we had asked for a further order for a Special Levy for the Admin fund.

Time and again I had to remind the ‘member’ that the evidence was already before him. 

The SM tried to have to whole matter dismissed. The ‘member’ refused, stating that it was too complicated.

I don’t think the matter is going to a hearing. But the last part I did not really understand about the legalities and what happens next.

Whale, what if the upper floor had a certificate from council, (which I have), stating that it was attic/storage area and not habitable, would that still be seen as Common Property?

I could ask council to make a written statement that the developer installed my stairs. That would then leave council open to litigation if the stairs were not to Australian Standards. 

I have requested a private Building Surveyor to report on my stairs. He said it could go two ways. Apply for continual use of the stairs for an area not frequented very often or Apply for continual use of the stairs for an area that was habitable. I am most curious about the outcome of this report. 

What council said last Thursday/Friday: Sorry if I am repeating myself.

They had written to the developer about the stairs. Asking him to reapply for approval or remove them. They did not get a response and did nothing. She said when the time came there were too many other issues to resolve with the developer and so the stairs stayed. There was supposed to be drop down ladders.

The SM is fighting tooth and nail with his assertions that ladders were to be installed by the developer. He knows the stairs were installed by the developer.He was here. He was a then real estate agent. 

I cannot fathom the powerful will of the EC and SM that we sign this SBL. 

 

Janet

[Janet]

The plot thickens!!

Council have said the upstairs floor to my villa is NOT COMMON PROPERTY.

Council will confirm this in writing on Monday.

So all of this saga was because the SM and the EC. One or both failed:

1    To check the Strata Plan on which the only CP (common property) sighted is the stairwell to the 4 unit block which is part of our 10 lots.

2     Or they knew my upstairs floor was not common property but went ahead with the SBL and then the 90 day notice to remove the stairs out of vindictiveness. A year of hell.

The solicitor, hired by the EC, drew up a response for the OC to our application for orders. He drew up the SBL that all owners are required to maintain/repair their upper floor/staircase. 

In most paragraphs for the SBL, common property is mentioned. Did the SM not give the strata plan to this solicitor? Did the solicitor not ask for a strata plan?

Council have verbally admitted that the developer installed the stairs, that they knew about it, but that there were so many other issues at the time, they did not order the stairs removed. I will not be passing on this info.

I was shown the paperwork that proved ‘drop down ladders’ were to be installed in the villa. Not stairs, not ladders.

Council will not put this in writing. They have advised me to let ‘sleeping dogs lie’ as they feel my stairs would not meet Australian Standards. (the measurements of the risers and treads). They do not want to order me/us to remove the stairs.

At the EGM 17th June, the SM still claimed he would swear in a court of law that the stairs were illegal. That he was involved as a then RE agent and sold the land to the developers. That he was involved in some of the sales of the villa.

We are angry, amazed, gob-smacked that this SM is such a liar. He knew all along the stairs were installed by the developer and we are fairly certain that the EC were aware of all this as one committee member has been in the complex since it’s commencement.

Are the stairs illegal? That is now a moot point.

I hope we are successful with our application for a Compulsory Manager and a Special Levy to top up the admin fund.

I will be moving on after we have a ruling. Never strata, never again.

Janet

[Janet]

An update:

Council have been aware of the situation with my villa for the past year. I have been careful to keep council not to accuse council any wrongdoing. This may now help in my application for building approval for the stairs.

Council will have another look at my file and I expect a phone call from the chief building surveyor. It was indicated that this procedure would not take a long time. 

The EC are sharpening up in that all recommendations by their engineer are now being quoted and work will commence shortly. On Thursday a surveyor will take levels within and without my villa, to see how much sag there is to the slab.

We have our phone conference on Monday with NCAT with the OC as respondents.. The instructions are to have all documents to hand. And that an decision is made at the end of 30 minutes as to whether the matter goes to a second hearing, or orders are made or the appeal is dismissed.

As NCAT already have all document ion and evidence I can’t quite fathom the point of the phone conference.

Thanks agains to scotlandx and whale . I would not have become so calm without your assistance.

I think I see some light at the end of the tunnel.

Janet

[Janet]

Thanks again Scotlandx. 

We will stick to our position. We will not sign the SBL. We have notified the EC and SM that we will not comply with Motion 3. “All owners to remove staircases in 90 days”.

The rest of your information is heartening as we were thinking all along that surely the OC or SM could not rule on whether the stairs were legal or not.

My engineer is advising:

1    That I apply to council for a Building Certificate. Given that the upstairs floor area now has a steel beam and other support I may even be able to change the council certificate that no one reside upstairs. My engineer states that although my stairs are a little steep they are quite safe and he thinks I have a good chance.

2   That I engage a Surveyor to report on the levels internally & externally.

There is now another battle regarding the ‘sag” to the SW corner of my slab. The EC engineer and my engineer do no agree on what action is to be taken.

My engineer states that the NW corner of the slab is on solid ground, the SW corner is on fill which has subsided. This is causing stress on the villa with consequent damage within the villa and the garage in particular.

Added to that is the invasion of roots under the slab from the driveway tree that the EC and SM fought so hard to keep two years ago. Now it is a massive problem. 

It is Japanese Elm, which normally sends roots downwards. But, because of the position, the tree has sent out rogue roots, which can be seen at ground level, straight towards my villa.

And so it goes on….

Janet  

[Janet]

Thanks scotlandx

I had a meeting today with another SM who is also a solicitor. He advised us to email our SM and advise we would not comply with Motion 3. “That we had to remove staircases within 90 days”.

He was very happy we had not signed the by-law. We can thank flat-chat guru’s for not caving in to the bullying and threats.

I attend these meetings, just myself and four EC and SM. All male.

Council had stated that if they received a complaint about the stairs they would have to come on site it would open a “can of worms”,

As mentioned on the previous missive, I commissioned a Certified Building Surveyor who checked my file for two hours at council. He pulled out everything he wanted copied and it was the next morning that council refused copies and said it was all in their legal dept.

Here is what the Building Surveyor reported:

“I can confirm that documents authorised by a council officer stated words to the effect….inspection of units 1 – 6 revealed that stairs had been constructed to each of the units. The stairs are not included on the approved plans and that the builder is instructed to remove the stairs or apply to council to modify the plans. A later note on the councils file stated words to the effect. The building works have been completed satisfactorily. I also viewed a later document being a Certificate of Classification and Occupation Certificate issued by ….council.”

I applied to council for the ‘Consent  and Occupationcertificate” but instead was phoned by a staff member who arranged the meeting below.

A meeting was held with my engineer, and a council building surveyor. She said the developer had been notified about the stairs, back in 1997, I think she said. The developer did not respond. Council did not notice his lack of response. She said that stairs were never meant to be installed, but pull down ladders.

She gave all copies of necessary paperwork and plans to my engineer so that he could do the design for the repair of my upper floor. 

The SM, at the meetings, claims that all the stairs mentioned mean ladders.

There is a council certificate declaring all upstairs areas not to be lived in.

But we were sold the villa without this certificate. In my case a map/measurement showing the layout of my villa with the present stairs drawn in. Printed on this map. Rumpus/storage area upstairs.

Out of spite, the SM and/or the EC could lodge a complaint with council. If they do this then the Treasurer would face the same problems as other owners with stairs.

So it comes down to the wording. Do staircases mean ladders? If you look at what my building surveyor said “Inspection of units 1 – 6 revealed stairs had been constructed to each villa”

There are six villa. 3 have stairs, 3 have ladders. All this may be down to the wording.

On my plan it shows a ladder to be installed near the kitchen. This was not done. A large hole was cut out in the opposite end of the room, in the upper floor nearest the hallway into the wet area. We puzzled over this ‘opening’ – the size and the angle. It would have been impossible to fit a ladder in that spot, if that was the intention.

The EC & SM just want us sign this by-law and all this will go away.

They have my engineer’s certificate that the work to my upper floor is completed and satisfactory. I paid for work, that should be the end of it.

But no, they want to cut of their nose to spite ‘me’ and in doing so place the strata in financial ruin.

Hopefully our appeal to NCAT could meet with success. 

Janet

[Janet]

I have received Notice of EGM for 17th June with the same Agenda. The last meeting was adjourned so that I could get legal advice about the proposed SBL. 

I don’t quite follow the wording of Section 44 that Jimmy T mentioned last Saturday. Would that apply to building repairs as well as parking clamps.

We have lodged an appeal (NCAT) against the dismissal of our application for a  Compulsory Strata manager . The strata manager has misled the Adjudicator. His ‘bending of the truth” could not go unchallenged. 

Janet

Not a good day.

[This post contravened our policy of not naming individuals or firms with which we have a dispute   For that reason it has been edited.  The fact that it criticised one of our sponsors was embarrassing but not the reason it was changed – JT]

[Janet]

Thanks for all for your encouragement. Particularly whale. I squared my shoulders, took a deep breath and faced the EC and SM at the meeting.

The SM noted my two proxies. The SM said that if 25% of the owners did not agree to the SBL the vote could not happen.

I said “we do not agree” – all hell broke loose.

The sec. said “but you said you would pay” and I said “only if you delete para (g) & (i) but in the meantime I have decided to get legal opinion.

“you have come to the meeting unprepared”   “Yes”

The SM tried his usual scaremongering and emphatic style of speech.

“Do you realise Janet that this will go to NCAT and they will order the ladder put back, do you want to lose your stairs and the other owners to lose their stairs”

I said “The stairs are not illegal, you have the email from the Building Surveyor stating that the stairs were part of the development” 

The SM said “I will swear in a court of law that the council meant ladders.”

The Treasurer said “There was no need to make an issue of the upstairs floor in my villa as there was nothing wrong with it”. (he has stairs)

I turned to the secretary and said. “You were there with the engineer last year, what did you see”

The Sec said “There was a large sag noticeable on the string line”

The Treas. said “How large a sag”

The SM interrupted this line of talk.

A com member asked “What is you don’t like about the proposal”

I said “Everything. Why do I have to pay? Why all this stuff about DA and council approval. It is not necessary. It is a repair. Council need not be involved at all. And besides, the floor upstairs is substandard. Read you own engineer’s report”.  “My stairs are too steep and the beams on the floor are too far apart”

The Treas. who is a retired architect then went into a longwinded explanation about the depth of risers etc. I guess he was trying to indicate it would maybe pass council.

At this point the meeting started to disintegrate. 

The Sec lost his temper, yelling “You are the problem in this strata, it is always you, you have cost us $5000 in legal fees, so much of our time etc”

(the $5000 would be what they paid the solicitor to respond to our submission for a compulsory manager, plus the cost to draw up the SBL, it is madness that they paid the solicitor to do the response so that the SM could keep his job)

I said “So, you instructed the solicitor to draw up this document, why wasn’t I included, why don’t you involve owners in your decisions, it affects all of us”

The Sec. said “We are the EC and we decide what needs to be done. As far as raising a Special Levy (to top up the Admin Fund) WE WILL RAISE THE LEVIES UP if you are not careful” (The EC had already raised the levies at the AGM last years. My levies are $1015, a rise of 19%)

The Chairman, (who is a very loose cannon said to SM) “You are being too kind to her, it,” repeating this twice. Yelling.

I said “why are you doing this SBL jointly. Why I am I involved in other owners stairs”.

Silence

Finally the SM said “well, the owners can apply for this SBL individually”

I said “Fine, let them do that”

I said “we will not agree to this proposal in it’s present form. 

The SM wanted to adjourn the meeting so that our lack of vote was not recorded. 

The loose cannon said “Fine, let’s wait until the AGM (that would be August) he said this a number of times.

Various comments about a waste of time, the effort of attending another meeting. The SM said he would not charge us for the 20 minutes.

I was calm throughout the meeting as I do not raise my voice, ever, or get into a slanging match.

This is the first time on any issue that we have had a say. In all other instances the EC have the majority. They voted themselves in and there they stay.

So the scaffolding will be there for some time.

I have contacted a strata lawyer.

Time for a holiday.

Janet

[Janet]

The meeting is today and have to face five very hostile people. I cannot say how much I appreciate the assistance, particularly from whale.I had given some thought to future owners. That would be my daughter for one.

Never fear whale, I have listened. It would be so easy to ‘cave in’ but what of the future ramifications. 

I have decided to NOT agree to the Special Privilege By-Law. I will advise the EC to go back to the solicitor who prepared the SPB and consult with him. Given the sound evidence I now have that council approved all the staircases which were built by the developer.

Today I even have copy of Council’s Occupation Certificate issued in 2004.

I will contact the lawyers that whale has mentioned and ask for a ‘statement of fees’.

Janet

[Janet]

Thanks overit. You are right. I am overwhelmed with legalities that I don’t understand.

I really want to pay for this work and move on.

Whale has been a really great help and after reading and re-reading his last missive I will make a final effort to get solicitor’s advice today.

Janet

[Janet]

Whale…what a brilliant reply.

But the plot thickens. No long emails today. Just a short report/letter from a Building Surveyor (I paid) to inspect my file at council in April.

“I refer to our meeting and review of ….council records on the …..of building files for the construction of units at the subject property.

I can confirm that documents authorised by a Council officer stated words to the affect “….inspection of units 1 – 6 revealed that stairs had been constructed to each of the units. The stairs are not included on the approved plans and that the builder is instructed to remove the stairs or apply to council to modify the plans”

A later note on the councils file stated words to the effect. “The building works have been completed satisfactorily”. I also viewed a later document being a Certificate of Classification and Occupation Certificate issued by  ….council.

In conclusion, I can confirm that having reviewed the council’s file and the documents thereon, and based upon those documents, that council’s officer was aware of stairs constructed to units 1 -6 before the council issued the Final Certificate.

---

My engineer had managed to obtain copies of relevant documents which will assist in the report on my ‘slab’ and the continuing damage within my villa. Quite scary. The common wall with next door is fighting the urge of my villa to sink on the NW wall. 

This report, which I have’t seen yet is on the agenda for the EGM on Tuesday.

I have requested the the OC act on this report and make a time frame for work to commence.

It looks like my wall will need underpinning.  So who pays for the plasterwork and painting within my villa caused by the slab sinking?

The solicitor, who was very skilled in strata advised me agree to the SPB with all rules and conditions. I won’t go in to details on line but she mentioned a few things that one would hope do not eventuate further down the track. 

I will be agreeing to the SPB as I do not want this matter to drag on and on and I now have the other saga about to happen. Re the slab.

---

The SM applied to view my file at council lats November. He did not do so.

Yet, the SM and EC instructed their solicitor to write a response to the Adjudicator in which it is stated repeatedly that the stairs were built without authority form either the Owners Corp or the council. This response was lodged in March.

The two page letter from the SM to the Adjudicator contains outright lies and worse still, the SM doubts my claim of being vision impaired as I drive a car and can been seen walking over for coffee each morning.

(I am still walking into the scaffolding now and again, as are other visitors to my villa. There is only 64cm between jutting wall and the first pole and on the floor 53cm from wrapped timber plank to jutting wall).

For thirty years or so I have trained myself to guard against falling, tripping etc because of field vision loss. I have had a number of injuries, but not for a long time. They think it is glaucoma. Then maybe not.

Since my submission to the Adjudicator in Dec I have had two cataract operations and now have super sonic eyesight. What a joy. I still have centre vision and some fields. The specialist was then happy to grant me my licence for another year.  But the SM & EC would not know about that.

How horribly insensitive that not only the SM cast aspersions on my claim to be vision impaired but members of the EC also did so to the Adjudicator. I have ample evidence by way of Humpreys Field tests.

---

The EC are unaware that history can be gathered about who purchased what, when. In one claim to the adjudicator, an EC member states that her husband ‘stained’ the stairs in my villa. Ho Ho. My villa sold in 2002. She purchased her villa in 2004. One does wonder about people.

---

I will be lodging an appeal as I feel that the SM was aware right from the start that these stairs were built by the developer. The SM has claimed all these years that he was then a real estate agent, that he had sold this land to the developer, that he was involved the development from the word go.

I am now wondering if the EC had this knowledge. Dare I say, conspiracy? Collusion? To force me to pay for the repairs. We are talking $10,000 or more.

I find it hard to believe that I have made such bad enemies. I was always taught ‘beware the group’. Perhaps individually the EC members are decent people, but as a group….

Whale, thank you so much for taking the time to reply. I had said this was short email but you know what happens.

Janet

[Janet]

In answer to whale 7/5/14 

I will have to type the whole thing.

Introduction:

The owners or their predecessors altered the common property by installing attic staircases without the approval of the OC or council. The objects of this by-law are to give the owners the right to retain their attic staircases on certain conditions and to give the OC the right to require the attic staircases be removed if the owners do not comply with these conditions.

In this by-law:

1 “attic staircases means the timber staircases in the lots and partly on the adjacent common property which are shown in photographs and provide means of access from the ground floor levels of the lots the attic levels of the lots, and the balustrades and the posts;

2 “attic staircase spaces” means so much of the common property as is occupied by the works including the attic staircases”

Lots mean 2, 2, 4 & 5 in sp…

“owners” mean current owners of the lots.

“posts” means the load bearing support posts which run from the floor to the ceiling on the ground floor level os some of the lots and lie adjacent to the attic staircases in those lots some of which are shown in some of the photographs and all other structural elements of the attic staircases.

“works” means the alterations and additions to the lots and adjacent common property in the installation of the attic staircases including the making of openings, or enlarged openings, in the ceilings on the ground floor levels of the lots and through the floors on the attic levels of the lots to provide access to those attic levels.

3 Special Privileges & Exclusive Use Rights

The OC:

(a) Consents to the attic staircases

(b) confers on the owners special privileges in respect of the attic staircase spaces to permit the attic staircases to remain on common property.

© grants the owner a right of exclusive use and enjoyment of their attic stairway spaces.

4 Conditions:

(a) Quality of the Works

The owners must ensure that the works were carried out in a proper and workmanlike manner utilising only first quality materials which were good and suitable for the purpose for which they were used.

(b) Building Code of Australia

The owners mud ensure that their attic staircases comply with the applicable provisions of the Building Code of Australia, and any applicable Australian Standards.

© Maintenance of the Attic Staircases

The owners must properly maintain and keep in a state of good and serviceable repair the works and their attic staircases and, where necessary, renew or replace any fixture or fittings comprised int he works and their attic staircases.

(d) ditto

(e) Repair of Damage

The owners must make good any damage to the common property caused by or as a result of the works in accordance with any reasonable directions given by the OC. Despite the foregoing, the OC may make good any damage to the common property caused by or as a result of the works and, if it does, may recover as a debt due from the owner the costs of making good the damage and the expenses of the owners corporation incurred in recovering those costs.

(f) Engineer’s Certificate

The owners must, within one month of the date of the meeting at which this by-law is made, give the OC a certificate or report from a qualified structural engineer addressed to the OC certifying that the works and attic staircases are structurally adequate and have not affect the structural integrity of the building or any part of it.

(g) Local Council Approvals

The owners must within three months of the date of the meeting at which this by-law is made, obtain either development consent to, or a building certificate for, the works and their attic staircase under the Environmental Planning and Assessment Act 1979. The OC must consent to and execute any development application submitted to it by the owners for that purpose and must not unreasonably refuse to consent to the owners carrying out any works of a minor nature in order to comply with any development consent conditions or obtain a building certificate.

(h) Indemnity

The owners will indemnify and keep indemnified the OC against all actions, proceedings, claims, demands, costs, damages and expenses which may be incurred by or brought or made against the OC arising out of the works, any damage to the common property caused by or as a result of the works, the altered state, condition or use of the lots or common property arising from the works or any breach of this by-law.

(i) Compliance with all Laws

The owners must comply with all statutes, by-laws, regulations, rules and other laws for the time being in force and which are applicable to the works and their attic staircases and the requirements of the local council concerning the works or their attic staircases including notice or orders issued by the local council.

5 Several Obligations

The rights and obligations conferred and imposed on the owners by and under this by-law are conferred and imposed on each owner separately, and are not conferred an imposed on the owners jointly, to the intent that an owner will not have any rights in respect of, and will be responsible for any obligations impose on another owner concerning, an attic staircase that is located in another lot or the works for that attic staircase

6 Breach of this By-Law

(a) If an owner breaches any condition of this by-law and fails to rectify that breach within the 30 days (or such greater period specified by the OC) of service of a written notice from the OC requiring rectification of that breach, the the OC may:

(i)    (A)  rectify that breach

       (B) enter on any part of the strata scheme including the lot, by its agents,        

            employees or contractors, in accordance with the Strata Scheme Management Act 1996 for the purpose of rectifying the that breach; and

       ©  recover as a debt due from the owner the costs of the rectification and the expenses of the OC incurred in recovering those costs: and/or

(ii)     (A) serve a written notice on the owner:

         Terminating the owner’s rights under this by -law; and

        (B)  requiring the owner to remove the whole or any part of the owners’s

            attic staircase and reinstate the whole or any part of the owner’s lot  

           and common property to the condition they were in before the works.

(b)     If the OC serves on an owner a written notice referred to in clause 6 (a) (ii) above, the the owner’s rights under this by-law shall terminate on the date of service of that notice, irrespective of whether this by-law remains on the folio of the Register for the common property.

© Nothing in this clause 6 restricts the rights of or the remedies available to the OC as a consequence of a breach of this by-law.

3 Motion to Remove Attic Staircase

On the condition that the previous motion to make Special By-law No 1 – Attic Staircase is defeated, the the OC RESOLVES to write to the owners of lots 1, 2, 4 and 5 and require them for with remove the attic staircases in those lots and to reinstate the lots and the adjacent common property to the condition they were in before the attic staircases were installed and to give the strata managing agent authority to write to those owners accordingly.

---

Summary:

The staircases to lots 1, 2 & 5 were installed by the developer. I saw all this my file at council. Council will not verify what I saw even though I made an application for a copy of the Consent Approval on 23rd April 2014.

Discovered yesterday the ladders were intended to all lots. The ladder is on the plan for my villa that council recently gave to my engineer.

I was hoping that the Building Surveyor would confirm in writing what he saw in my file at council. I think he has backed off. 

I do not have a solicitor. My past experience with a very expensive strata solicitor had no effect. No outcome. No one even replied to his emails/letters.

There are three owners who will not be signing this by-law, we all have staircases.

The other owner with the staircase is in a very dire situation as well.

My staircase does not need work. But it is too steep to pass council or whatever regulations. It is the floor above that has sagged through lack of proper support beams to hold the stairs. It does not need to go to council.

I had decided that I would pay for an engineer and builder to effect the repair.  But after this incredible legal notice. There is no way I/we would sign and indemnity. 

I wil have to put smily. Woe is me.

Janet

[Janet]

Hi

I can see an error – the Ms…currently trying to sell her unit is one of the applicants. It is the villa next door.

The strata reports were so bad that four buyers have pulled out. Our strata was described as dysfunctional and un-financial. 

There’s more.

In our application for a compulsory manager lodged in December was a great deal of info re a driveway tree 3m or so from my western wall. I had endeavoured to have this tree removed but council said no. The EC wanted to keep the tree even though it has grown massively.  I think they are going to regret this decision.

The adjudicator in their dismissal did not even mention the tree. I had enclosed invoices from the plumber showing that the tree had invaded my sewer on numerous occasions. 

The adjudicator, in the dismissal talks about events being ‘too remote in time” – perhaps they are referring to the driveway tree.

Recent damage, nothing to do with the upstairs area, resulted in the SM and and engineer I will call G….visiting some weeks ago. Two doors won’t shut, cracking to cornices, walls although this can be repaired, as it is ongoing I cannot do anything by way of repair.

The report by G…. will be presented at the EGM on Tuesday. G…. is a very reasonable person and I had a long talk with him today. He said the tree is the main issue, plus subsidence on the embankment next to my villa. 

I told G…. that I had my own engineer called R…. inspect the upstairs area and the recent damage downstairs. R…. felt my villa would need underpinning. G….thought that would be a last resort, but felt that the main part of the problem was the roots, (the tree partly overshadows my villa), were taking the moisture out of the ground under my villa. He is recommending a root barrier.  G….is happy to talk to R….

Any appeal would perhaps be based on the following;

1 The strata manager did not inspect my file at council so everything he said to the adjudicator was not correct.

2 The driveway tree was not mentioned in the dismissal and was now a major issue.

3 That the EC were engaging a solicitor with NO LIMIT TO THE LEGAL FEES BE SET.

That is a far as I can go today.

Cheers

 

Janet

[Janet]

Thanks scotlandx, I have to be aware not to let this situation take over my life.

Para 2: In November 2013, it was voted and carried by Special Resolution “That the OC may request a Lot Owner to reinstate common property (installation of staircase) to original condition as approved by council if they do not rectify/maintain any alteration to a safe standard or within relevant building codes.

That a Special Privilege By-Law be approved by Special Resolution. Lots owners are fully responsible for any installation, repair or maintenance that my be required to any part of the staircase or associated Common Property retrospective of this date 

This was voted on and approved. But nothing has happened until the Notice of EGM for Tuesday. 

I will go to the EGM as I was the owner who insisted on this meeting. I have proposed a special levy of $15,000 to bring the admin fund to a safer level.

The SM has been borrowing out of the sinking fund for about a year. I have the financial statements.

Para 5: Are the stairs/ladders illegal? Yes and No. As stated council sent a letter to the developer in 1997 requesting the removal of the stairs, there was no response and council at a later date issued a Certificate of Occupation.

Para 8: I just spoke with my engineer, who was able to get the plans from council. The plans show a ladder from the kitchen end. There is an obvious cutout in the floor upstairs but it is at the other end.

I had viewed my file at council some months ago but could not comprehend the masses of superseded files. Boxes of stuff. But I obtained a copy of an application to council 11/11/13 by the strata manager to view the file for my villa. I did not view this file (according to council). 

I also found a certificate issues by council that the upstairs area was for storage only. No one was to live upstairs. I do not believe any owners were informed and all use the upstairs area. I have a ‘plan’ given to me at the time of purchase indicating the upstairs area as rumpus/storage.

Para 10: An application was submitted early 2013 for a compulsory manager to be appointed. This was dismissed because the solicitor, the best most expensive strata expert, did not allow time for the respondents to reply.

The solicitor and the applicants, myself and two other owners then resubmitted to have a compulsory manager appointed. The stairs were the main issue. This was submitted in December 2013. The solicitor put an incorrect strata number which the SM has pounced on, even I advise NCAT immediately I saw the error.

The adjudicator was unaware that the stairs/ladders may be legal. Also unaware that the SM had applied to the council to view my file and failed to do so, which makes his response to the adjudicator invalid.

Yesterday, I obtained copies of the respondents reply to this second submission. All 39 pages. Of particular interest are the two pages from the SM. Plus all four EC members make long statements. The only owner who put his best and honest effort into his response was a villa owner who also has stairs and is the Treasurer.  The rest is just ‘he said’, ‘she said’. 

The SM makes certain comments without providing any evidence whatsoever. The SM states …”purchased her property with a staircase that had been installed by a previous owner. This staircase and 3 others were installed without the knowledge or approval of the OC and or the approval from the council. Over the last several months the illegal staircase installed in villa… has shown signs that it was incorrectly installed and is currently being investigated by a Structural Engineer”.

(Two engineers, both commissioned by the EC. One said the upstairs floor/stairway affected the structural integrity of the villa. The other said the area was dangerous and no one was to go up there.)

“To our disbelief Ms…..arranged for Villa…. to install a staircase without any approval, to the loft area of this lot through common property roof trusses even though she was aware the staircase in her lot had been illegally installed and not in a tradesman like manner. She also allowed Villl… to have a sink installed in the loft area without seeking permission from the OC or council”.

The stairs installed in the garage in villa…. were done many years ago. I was not aware of any problems to my upstairs floor until mid 2013.

I had enquired about the installation of the stairs in the garage of villa… I was told verbally by a member of the OC to go ahead as the stairs did not touch the common wall. As to the sink. I do not know when the sink was installed or by whom.

I am legal guardian to the 60 year man in this villa. He is one of the applicants to our submissions. He has Aspergers and compulsive disorder. I installed the ladder in the garage as a safety measure as his villa has the very steep, dangerous ladder inside his villa.

“The OC tried to raise a special levy at the 2013 AGM to replenish the shortfall in the admin fund. The three owners, myself and the two other applicants (including my ward) strongly opposed that levy as both stated they could not afford a special levy.

This is a blatant lie. There was no such discussion. The Agenda: to raise a special levy of $10,000. To raise the levies.  The EC, who have the majority, voted in a rise in the levies taking my levy to $1015 per quarter.

“Ms…. has stated in the submission that she has trouble with her vision and in unable to see the supports that have been placed in her living area, yet she drives a vehicle on a very regular basis. Ms……is currently selling her villa due to health reasons. We believe a couple of pre purchase building inspections have been carried out with not one building issue being raised by the building inspectors. In discussion with Mr…. on several occasions I have asked him what he thinks and his reply has always been “whatever Janet wants”. 

(Mr…  my ward, is fully capable of running his life and making decisions. He needs a lot of support as he has no family and I guess no friends. I talk to him every day and take him for outings on the weekend. If he said “whatever Janet wants” then it is out of regard for me. In particular he is most distressed that I have had scaffolding in my lounge room for over four months).

The Adjudicator’s dismissal: I have till the 20th May to appeal. But should I do this as I may now be seen as vexatious applicant.

There was some legal stuff in the application I do not like. But, of the six breaches listed. The main ones were:

A failure to manage the financial affairs of the OC

A failure to repair and maintain common property.

To condense this down a little:

The adjudicator says: The respondent submits that is has endeavoured to work with the applications in relation to the restoration and maintenance issues re the staircases which were built without the requisite approvals.

The respondent is still trying to work with the relevant lot owners about the responsibility and liability for the cost assoc with the repairs.

I am satisfied that the respondent did make an attempt to raise a special levy. 

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I am hoping the above will answer some of whale’s questions as well.

The OC were well aware of the stairs as a member, admiring the stairs in my villa, that her late husband had built the stairs. But recently told another member that no, he had only helped with a bit of painting at the end.

Spoke to the conveyancer this morning, she said that for strata she did obtain a S109 but that only meant a confirmation from the SM re the levies. That is did not mean a council building approval etc.

I did not contribute to the sagging. My daughter sleeps upstairs on occasional visits. The bed on on the far end, well away from the sag and there are double beams on that end.

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This is a long missive and I have tried to put in what I think is relevant.

 

Janet

[Janet]

I am so tired of the whole saga that I was prepared to pay for the repairs to the upper floor of my villa. It would be anything up to $10,000. 

I have been to council in April, with a witness, a building surveyor, and clearly, council knew that the developer installed the stairs  in 1997 to villa 1, 2. & 5 and ladders to villa 3, 4 & 6. Council then issued a Certificate of Occupation to all villa after the stairs were installed. Council said they had written to the developer (on file) in 1997 requesting he remove the stairs. Council did not follow up this letter.

Council had only wanted to approve what was on the original DA ‘lift up’ stairs to all six villa. Council will not allow copies under copyright law and stated if the matter was taken further and a complaint laid, they would have to order to removal of all stairs and ladders to the six villa.

The problem:  

I have received a Notice of EGM for 13th May. The meeting is forcing me to sign for Special Privilege By-law that I repair the sagging floor upstairs. The Notice has obviously been put together by a solicitor and threatens me with various strata legislation. Pay for the work, engineer’s certificate, compliance with Australian building codes. An indemnity to protect the Owners Corp from future actions, proceedings, claims, demands, costs etc.

The solicitor acting for the Owners Corp lacks the knowledge that council approved the stairways by issuing the Notice of Occupation. The Notice of the EGM is asking for council approval which is not necessary, it is only a repair. Although an expensive one. Two beams to support the floor upstairs because the developer did not put enough support.

Most of the agenda is incorrect.

This is a very complex issue:

Question:

If we lodge an appeal to the Adjudicator in regard to our recent dismissal, which includes the stairways, will the proposed meeting have to be cancelled.

Sorry to rattle on. Any suggestions as to whether this is an interesting topic. Or is it too hard to follow. 

[Author]

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