Forum Replies Created
-
Replies
-
Jimmy
I’m going to frame your post.
Its the best explanation of renovations in strata I have ever seen
Thanks
A case of the tail wagging the dog.
The strata manager and the building manager are agents of the owners. The SM and the BM do the work instructed to the by the owners.
The opinion of the BM does not matter, the BM can make a report (he needs to be qualified or get an expert to make that report) to the committee and the committee decides what is done next.
To me its clear that there are some building defects. Its unfortunate that the builder has one broke. It then leaves it up to the OC to effect repairs.
Recent court cases have said that the OC cant just sit on their hands whilst some background processes are happening. The OC needs to effect repairs so that occupants are not inconvenienced
I’d put my complaint in writing to the strata manager explaining exactly the problem, and any remedial actions taken.
Id give the committee two months to act, and then seek mediation at Fair Trading as a precursor to getting an order at NCAT.
I hope you see this post Jimmy
A friend of mine found this link to a presentation done in UK addressing lithium fires
https://www.youtube.com/watch?v=AIXTP-TgPEw&ab_channel=RussTimpson
Building owners and the safety authorities have a lot of work to do to decrease the risk with Lithium batteries
commem
Try this link
https://www.nsw.gov.au/sites/default/files/2022-03/common-property-memorandum.pdf
generally it needs to be voted and added as a bylaw, but I have used it in situations where opinions differ
Your biggest challenge will be winning the opinion battle. Everyone has an opinion, but there is only one right. As you know, that does not always prevail if the negatives are the loudest.
It depends how far you are prepared to take this issue. If someone does not back down, then NCAT could be a possibility (though thats a last resort)
That to me seems to be a harsh and unjust by law
The act makes it possible to repeal such by laws, though it going to cost you money
I say its harsh and unjust, because these days new apartments are sold with air con, and its not unreasonable to expect owners of older apartments to retro fit an aircon.
Your by law may have stood some chance if it said only with the approval of the owners, but a blanket ban is unacceptable.
Seems strange to make such a bylaw, because it devalues each lot by not having air con, an appliance most people expect in an apartment, or at leas the right to install one.
A few questions here to unpack.
If the cause of the blown fuse is an overload, and it’s persistent, it would be the responsibility of the lot owner to pay for the upgrade. Particularly in older buildings, there were fewer appliances in the home, so the wiring was designed to carry less power. ( this applies whether the fuse box in the lot or on common property). An electrician can do a maximum demand calculation very quickly and tell you whether the wiring is overloaded.
You talk of fuses. This suggests an older building that is not using circuit breakers. It would be beneficial for all the fuse boxes to be upgraded. Since you indicate the fuse boxes are on common property, it would be an OC expense. The benefit is that an owner can reset a circuit breaker without the need for an electrician.
To move some of the fuse box into lot space would require an exclusive use by law. That requires the consent of any affected owner. Some may not agree to this transfer of custody.
Since this is a site weighted to NSW let me correct Flame Tree. I apologise if this is different in QLD.
In NSW only a strata manager or a committee can issue a notice to comply. The strata manager can issue one without reference to the committee. Ie they can do it off their own bat. For a committee to issue a NTC , a meeting needs to be held and a resolution passed that issues the NTC.
An owner cannot issue a NTC.
When issuing a NTC in NSW, Fair Trading has the appropriate form on their website. There are comprehensive instructions with it. If one uses the form and follows the instructions, a legally valid NTC will be issued.
But it seems that the noise is from anything but footsteps.
I think the strata manger is correct. How do you silence a shower, a wardrobe?
A long shot maybe to issue a notice to comply in regard to peaceful enjoyment of a lot, and hope the occupiers tone down their actions. But the shower? If they leave for work early they have to have one and it’s not their fault that the building walls are paper thin.Just a piece of advice to anyone who gets to the bottom. Whilst the minutes record the formal decisions made, a lot of “ talk” in strata goes on via email. It’s so easy to send emails today that people tend to not censor. When inspecting the records of the strata, make it absolutely a point to look at the emails. Emails form a part of the strata record and any interested party has a right to see them. There are some strata managers who deny such access. That’s a red flag. Also many so called strata inspection companies fail to look at the emails. It could take hours to troll through thousands of emails, when they are being paid a fixed fee.
It can be good. It can be bad.
If the major owner is a “ good guy” he may have the interest of the property at heart, given they have a large investment in it.
On the other hand , they could be the owner for hell, and refuse to any investment in the building and support rules that support their interests.
Have a good look at the property. Is it in good condition? Or is lots of obvious maintenance required.
Look them at the meeting minutes. You won’t be able to tell who voted for what, but are there lots of motions that are reasonable being voted down.
look at ALL the correspondence. Is everyone getting a fair say, or is one owner dictating to all the others.
It could be a good investment. With some due diligence it’s not hard to pick the good from the bad.
Remember the building manager works for the OC so if he pays, it ends up that the OC pays.
I had a similar situation where on first inspection after the first AGM the fire assessor found a number of defects. Like yours they were there prior or handover.
We contacted the developer and pointed out that these were defects and he got onto the builder who fixed the defects to the fire certifies satisfaction.
I think in the current climate where the building commissioner is holding builders and developers more accountable, it would be hard for either to hide behind the private certifier. (Private certifiers these days have to do more than just accept compliance statements from the tradies. They need to do site inspections as well)
It’s accepted by all strata insurers that ” if you turn the building upside down, anything that does not fall out is a fixture ” and hence is covered in the strata insurance policy. It’s just one of those strata things.
So some people will say ” that’s not fair, I’m paying insurance premiums for someone’s installation”
It’s actually specified in section 163, 3(a).
That section requires a special resolution, and that resolution needs to be before the fact.
Ask to see the minutes of the general meeting where this was decided.
Even if they show this, I would challenge them to show that the required number of votes for a special resolution were recorded, and I’d look, at the wording of the motion.
The wording needs to be reasonably specific about what is covered.
Not withstanding the above, I would contact your strata insurer and lodge an additional claim. You are perfectly entitled to do this as an owner, and don’t require the permission of the committee or the strata manager.
If a claim for the other damage has already been lodged, there is no need to pay a further excess.
Having done an NCAT application in the last two years, the application form only permits a lot owner to nominate the OC or the committee as the respondent.
Its requires an application by the committee to name the strata manager.
On the issue of getting an audit.
Have the committee appoint its own auditor. The auditor that the strata manager puts forward will be their regular auditor. The auditor provides favourable audits in order to keep the strata managers business.
Secondly , the auditors appointed by the strata managers are chosen on a price. You’ll find their reports full of qualifications, to the extent that you can’t rely on anything the auditor reports.
Your own auditor will not only check your accounts, but will check the veracity of the processes used by the strata manager.
Remember that it’s usual that the accounts of your strata are managed by a person who knows how to drive the software, but has little accounting knowledge.