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It looks like you have a complex situation and advice from a lawyer may be necessary.
You talk about a drain between the properties. If this is a drain taking water from your property and under theirs, then you have effectively trespassed. This situation is not uncommon in older properties but modern practice is to have a drainage easement through someone else’s property. In this case it’s your problem and it’s up to you to find and pay for a solution.
There could be another situation which we are unaware of.
Irrespective of what the neighbour has done on their land,it’s your responsibility to manage water flows on your property. In this case, again it’s up to you to find and fund a solution.I think you are a bit confused. As JT has said many times, there is no such thing as a strata cop. It’s usually left up to owners to challenge their strata managers and committees.
NCAT is a court that hears the arguments of both sides and decides who is more right.You will find that laws and regulations are not black and white. If they were we would not need courts. Every dispute that ends in a court has unique circumstances. The court decides on the evidence presented how to apply a law or not.
Even if a party has a good case, if the case is argued poorly in a court, the chances of a positive decision are diminished.
I have to agree with JT final paragraph.
The quickest way to lose your money, and mind, is to fight a legal battle because you think you are right, on the principle.
It usually does not turn out like The Castle.
An appeal cannot introduce new evidence. Your grounds have to be thst the law was not applied correctly.
You say that the majority of owners are on the side of the SC. As a strata is a democracy and you seem to be in the minority, you’re going to be unsuccessful until you convince more owners to side with you.
Whilst the nature strip is council owned, you will find most councils require the land owner fronting it to maintain it. I guess at a minimum the council expects the landowner to mow the strip and keep weeds under control.
Secondly, the act allows an OC to spend money to benefit the OC. Thst can be interpreted broadly, but one could argue thst beautification of the nature strip is a benefit as the improved streetscape could lead to higher property values.
If the owners decide to improve the nature strip, it would probably require a special resolution, as it is an improvement .
I think this notice period is a hangover from the old legislation ( particularly in NSW). IF a contract is due to expire on a date, it expires on that date. Irrespective of whether the contract says a notice period is required, without an renewal of the contract by the Owners Corporation, the services of the strata manager is terminated on that date.
If the strata manager was to continue with their services past the contract end date, and without a renewal, you would have effectively an unexpiring contract, which modern strata legislation aims to avoid.
One of my pet peeves is when uninformed people quote the wrong rules.
Firstly there is no requirement for a person to have an ABN. Whether or not they have an ABN does not make them necessarily an employee. The ATO has a whole webpage defying a contractor vs employee.
Secondly the strata manager can pay the PERSON. The person should provide theirvTFN. The strata manager then withholds tax and reports it to the ATO.Its just that the strata manager is trying to take the easy way out.
And BTW, a principle of law is that once a lawful service is provided, the provider has to be paid, so the strata manager is breaking the law .
It’s not the strata management company thst charges interest, it’s the owners corporation. The Strata manager just collects it on behalf of the owners.
The decision not to charge interest needs to be resolved at a general meeting. The rescinding of thst motion would also require resolution at a general meeting.
Provided the original decision to not charge interest was passed at a general meeting and it was minuted, then it remains in play.
Go back to the minutes and find the decision, otherwise the strata manager is complying with the act.
In regard to 1
Owners are free to rent there parking space to anyone. However there may be a by law restricting who they can rent to.
In the case of an exclusive use by law, the by law only permits the owner the use of the car space. This is different to the case where the lot owns the car space. In an exclusive use bylaw the ownership of the car space remains with the OC and hence it controls how it is used
In regard to 3
The affected lot owners would need to have their exclusive use cancelled. The lot owners need to agree this in writing before a motion is taken. Then a new exclusive use bylaw is raised showing the swapped car spaces.
The old by-law needs to be removed and the new by-laws registered on the strata title.
On the sale of any type of property, part of the conveyancing process is the adjustment of the sale price. The purchasers conveyancer enquires as to what debts are outstanding and what bills have been paid ( ie rates). On settlement the sellers conveyancer makes out checks ( or transfers funds) directly to any debtors. In the case of strata, the buyers conveysncer will ask the strata whether there is anything owing, or prepaid in the levies.
I doubt that the seller would dispute debts even over the statutory period, as this will just hold up the sale, and could trigger penalty payments to the buyer.
You own all the plumbing within your lot. Any plumbing in the floor or external walls is common property.
The OC would be concerned with changes to plumbing in common property.
I think you are safe.
This is an example of a badly worded bylaw ( it can be read ambiguously).
Why do you want to make lots 1 and 2 one lot? It’s unlikely thst your share of the expenses will change.
If you ever sell your two lots, the seller gets two titles.
Its not unusual for a single property to have two titles. Many older buildings have one title for the living areas, and separate title for the garage.
If you ever want to sell it as two separate properties, you don’t have to go through an expensive and complex process to unwind.
My experience is that a do nothing committee is a reflection of the chairman.
I have invigorated two committees by getting elected as the chairman. How did I achieve the chair? I spoke to other committee members and asked what they wanted, then found ways to deliver it to them.On another committee, it’s taking more than two years to get them rounded up and heading in a forward direction. ( I’m not the chairman, but I’m showing leadership) It’s really frustrating for me as I’m a point and shoot type of guy. But I keep reminding myself that I have the long game in mind.
To divert again
We had a tenant hanging washing over the balcony railing, despite their being washing lines available one level below.
The strata manager enforced the laundry by law but made an exception that if the clothes were below the balcony ( not over the railing) that would be acceptable ( that point was agreed with other owners )
Hi junetem
i think the other responders have missed your point.
As I understand, the offenders live in the strata next door, not your strata.
If that is the case, there is little you can do because you have no jurisdiction over the neighbouring property.
The general rule is thst you can’t regulate the actions of your neighbour ( meaning the address next door). Obvious exceptions are noise.
Taking a different view.
Its obvious that when the building was built, there was a common antenna and tv outlets to every lot.
Its certain thst the antenna and the distribution box is common property. It can be argued thst from the distribution box to the tv outlet in each unit, the cable is also common property. (As it’s usually in the common property walls.
Therefore, the owners corporation has the duty to maintain common property, hence the OC obliged to fix the tv system. It doesn’t matter whether some or none of the lots use it( the analogy is a lift in a building where some lots do not need to use a lift , but still pay for it’s upkeep).
We all know older buildings need from time to time an upgrade of infrastructure. This is such a case.
If the OC doesn’t want to go the upgrade route, and you want it, a visit to NCAT may be necessary for an adjudication.