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Fight4 justice
you are perpetuating a common misconception amongst strata dwellers.
when you take legal action , you are taking it against the owners corporation. The strata manager just does the bidding of the owners.
The resources of the other side to fight are limited. For example the owners need a special resolution to engage lawyers if the cost is above $3000.
In your case you can represent yourself at NCAT and the OC may not use a lawyer in NCAT unless the court agrees .In any case, you’re addressing the wrong people. You should be directing your complaints to the committee. They are required to at least respond to your complaints. If it’s a matter of a lack of maintenance of common property, you only have to wait 2 months before going to NCAT. In this case you are certain to win, if the committee does not comply prior.
I was going to write suggesting an APVO
However your case is , as you say, complex.
The problem seems to be a mental health issue, and not one of willful objection.
Unfortunately, under our judicial system, there is little that can be done. I’m sorry to say.
Being mentally ill is not a crime, and neither lay people nor the police can commit a person to seeking treatment for it.
You should be calling the police every time there is an adverse encounter, so that a record can be created.
The only time the judicial system will intervene is if this person does a crime (assault, murder etc) and more than likely they would be then treated under the Mental Health Act
Hicies 1973
Its easy and hard to arrange your own electricity supplier in an embedded network
You do not need a new meter. The embedded meter is used – its just that the embedded network manager send the billing units to your preferred supplier.
Thats the theory
In some cases, the embedded network manager may charge high, but not exorbitant meter reading costs that make any savings disappear
And remember that an embedded network supplier suppliers electricity at a regulated price. They can only charge for usage and supply at a rate regulated by the government.
So unless you are able to obtain electricity at a wholesale rate (most residential consumers cant) , its not worth it.
As for time of use charging. Embedded network meters are of the smart kind. The manager can choose to bill for time of use, if thats what the network agreement says
As I said earlier, embedded networks can have benefits for the individual owners and the Owners Corporation if the deal is a fair one.
Unless there are other facts not mentioned, this is pretty straight forward.
The law allows a property owner with a neighbours tree overhanging the property line to trim the tree to the property line without reference to the owner of the tree. The trimming is at the cost of the affected owner.
Since this overhang is over common property, only a simple majority of the committee is required to authorise this action, under the requirement to maintain the property.
I know trees are an emotional issue, with some people hating them if they shed leaves, fruit and flowers, and others love them for the environmental benefits they bring.
Unfortunately for both sides, neither argument holds for strata. It’s the will of the majority.
Whether the items are owner or OC property is irrelevant.
One owner is being harassed by another owner.
That is not a strata issue, it’s a person issue.
Note, there is no such thing as an enforceable cease and desist order.
Having dealt with something similar, my recommendation is that the affected person apply for an Apprehened Personal Violence Order. (APVO).
In NSW you can apply on line. You need to have some evidence ( diary notes, emails etc) to support your case.
I would then recommend to get a lawyer to represent you. At the first appearance in court, usually within three weeks of applying, your lawyer will apply for ban interim order till a hearing date is set.
If the offender breaches the interim order, it could lead to arrest and jail.
Of course it’s the affected person who has to front the costs. But what is peace worth?
Listohan
there is nothing wrong with a good embedded network.
The strata buys electricity at a wholesale price. Each lot has a separate meter. Each lot is charged a retail rate. The strata pockets the difference, which ultimately goes back to the owners. You need a network manager to do the meter reading and billing.
Unfortunately many new buildings are sold with an embedded network manager thst does not advantage the strata. It’s akin to selling the building management rights on a long contract.
A building manager can only be appointed at a general meeting.
The committee does not need permission to consider and select a possible candidate, but without a motion passed at a general meeting, the building manager can’t be appointed.You would of course also need provide in the budget an expense item for the building manager. Again this is voted on at a general meeting.
The committee does not need to wait for the AGM as a general meeting is enough to put these motions.
The selection of a strata manager involves more than just voting at the AGM.
Having been on several committees where we changed strata managers, it takes a few months to make a selection.
The committee would consider whether the style of the strata manager is suitable for the building; whether the sm can work with the committee; the services they offer and the price ( lowest quote is not necessarily the best).
Most ( not all) owners are not interested in the detail of their strata and entrust the selection of the SM to the committee.
Remember that if you include all owners in all decisions, then nothing will ever be decided ( that’s just our human nature) .That’s why the act enshrines a small group of owners ( the committee) to make decisions for the whole.
If you want to be closer to the decision making, stand for the committee.
No one said that the SSMA makes sense.
The actions described are fully in compliance with the Act.
Whether it’s morally correct is questionable.If I were that committee I would use this method judiciously.
You mention that an agenda item affects you. The committee cannot make a decision thst adversely affects you, and it can be challenged.
Also, if the motions are vague, it works both ways. Vague and ambiguous motions could be challenged if there is the possibility of multiple interpretations.
Why not try to get on the committee at the next AGM so you are in the loop.
Hi Trueleconcerned
Ive read a lot of your other posts and find that your “ facts” are often not telling the full story.
You indicate your building received a fire order which the strata manager failed to attend to.
A fire order is issued by your local council. It’s a very serious notice and requires compliance within a specified time. The strata manager only acts on the instructions of the committee. Why is the committee not instructing the strata manager to get quotes and then have the issues fixed?
Your insurer was doing you a favour. The “ hint” of declining insurance is better than getting a formal decline. Once you get a formal decline, you will need to disclose this for any future insurance quotes and that just leads to either further declines or incredibly high premiums.
Your question provides the answers.
Your old insurer would not renew insurance. These days insurers are being extra tough, and in many cases deciding not to insure buildings, many times for reasons not of the doing of the owners.
That means that any renewal is probably going to be more expensive because insurers ascribe a higher risk.
Ive seen my building insurance go up 150 % in less than 3 years.
And because some insurers are refusing to quote, it’s not possible to get three quotes.
I’d say your building is lucky to get insurance.
NCAT orders are to do something. The orders don’t specify the quality of repairs.
I guess you need to start again.
As for costs, your solicitor should be asking for costs orders from the OC as it appears you were the successful party. It’s probably too late now, but keep it in mind the next time.
All these actions are covered by by laws. The by laws stay with the lot, not the owner.
I would quickly take action through fair trading ( for mediation ) or NCAT for orders.
I would then call the selling agent and advise that action has been started. The agent would need to disclose the action to prospective buyers, though a diligent strata search would also reveal this.
I firmly believe that lawyers love clients who want to “ fight it on the principle”
As pointed out ,litigation can be very expensive and time consuming. If both parties are mature, then a mediated solution will be the quickest and cheapest, and there is no winner or loser.
Strata committees can justify this route ( ie a mediated settlement) because it is the most cost effective for the owners.
Remember that lifts are regulated by law.
Whilst what you suggest ie manufacturing spare parts is feasible, you would find it hard to find anyone to “stand by” such a fix, considering there are severe penalties for both the lift owner (you) and the maintenance company should an accident occur.
Lifts are expensive, but so are the penalties for not maintaining them.
You can always get a second or third opinion from other lift maintenance companies, but if any of them are recommending upgrade or replacement, you’d be wise to heed their advice.