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This is really an issue for your local council.
As its zhealth issue, if you report the situation, they come out prompt.y, and issue any rectification notices.
But be aware that this is a two edged sword
It’s likely the OC will get the bill to comply.
I’m at NCAT now, so I can answer.
This comes from the directions hearing. It’s one of the orders made by the member asking both parties to put in their case in a written form.
The points of claim is what relief you are seeking, and what part of the act supports your argument. ( It in ludes any by laws ) As in all courts, it’s up to the applicants and respondents to direct the adjudicator to what laws apply. Remember they only hear the evidence and arguments. Then apply the law that the applicants or respondents think applies .
What isn his fire report you Have?
There are fire consultants out there. Pretty common as every new building needs a fire report. The fire report details all the fire measures necessary for that building. If you get a fire report it’s designis to the current fire safety requirements. The fire report will also detail the requirements of the AFSS.
I have heard that in some cases the council will allow some non compliances because of an old building not being compatible with new requirements ( one I can think of is installing fire hydrants on each floor. In some buildings it’s impossible beacuse it makes the egress path too narrow).
Having said that, bringing an old building up to modern fire standards is going to be real expensive . You will need a special levy and possibly look at a strata loan.
If you have an order from the council, there are big fines for not complying or dragging your feet.
Hey Wikitoria
My advice is don’t reply. You just give the other guy ammunition. It never ends well.
Just sit tight. Make the OC do the work. Remember anything said , and especially written can be used in proceedings. It could be used against you, even if you meant good.
Your in the right, as far as we can tell from what you have said. It’s up to the OC to prove their side.
Having gone full circle on this I’ll answer your original question.
Generally its almost impossible to get a copy of the “standard” strata manager contract.
SCA has a copyright on their original contract and its only members of SCA who can access and use the standard contract.
There are other organisations providing contracts for strata managers (I know for example that one of the major strata lawyers in Sydney provides such contract forms to strata managers who subscribe to their services)
Also in my experience over the last 15 years of strata, I have never seen two strata management contracts that even remotely look the same (The intent is common, but the way its laid out is always different) That suggests to me that strata managers source their contract templates from many providers.
As JT suggested, negotiate the contract with your strata manager
The other thing in your favour is that the former contract has expired. I cant say for Victoria, but in NSW once the contract has expired, its expired. It can be extended for 3 months by the committee but thats all.
What I am getting at is thats in the strata managers interest to get a new contract signed before they cant do any more work for you. That puts you in a good bargaining position. (Remember you can always self manage for a time until a new strata manager is found)
As JT has said in his first option – ignore it
A letter or email carries no consequence for you
Only a Notice to Comply has any standing, and it has to outline the by laws you have breached.
We all have different tastes and views, but if you had an aproval , in any form, you did the right thing.
When, or if , they issue you with a NTC , just sit on it.
Its then up to the OC to take it to mediation and to NCAT.
Its also up to them to prove they are right .
The other positive part if the OC takes you to NCAT, they have to pay the filing fee and then prepare a case. Most committees don’t know how to prepare an NCAT case so have to hire some legal advice, which means they have to get owner approval (as its likely to be above the $3000 threshold, even for simple advice.
If you win, then you cant be slugged for the costs incurred by the OC. If you lose the costs are split amongst all owners.
Just tough it out.
Its certainly an unusual case
This might be one where a strata lawyer is necessary in order to unravel the “mess”
I think its beyond us bush lawyers
The new strata manager cant roll you over onto a new contract if the old contract has not expired. Just cause they bought a business does not annul the previous contract
If this is a contract renewal, then just dont agree to the conditions you dont like. If the strata manager wont paly ball, then go out and find a new strata manager. You dont have to be locked in to one strata manager and there are plenty out there who do a good job and are not dodgy.
The hardest thing will be to source names of strata managers to approach, but word of mouth or even a google search will help. Then just ask them to tender for your business.
Firstly, installing a CCTV system is not a trivial exercise in a strata building. The cheap sets you but from Bunnings are not fit for purpose in a residential building.
Secondly, you will need a special resolution passed at a general meeting as its an improvement to the common property
But as a previous poster has written, why not look at the locks. Perhaps a door closer would be a good idea.
By laws are only effective if you can impose them. Having a bylaw that “tells” people what to do is ineffective. If you tell people to keep the door closed, the only way to police it is to watch the door all the time. Thats just not going to happen.
If you think its a single person, why not discuss their habits with them? As JT has said in the past ” they may just be ignorant, not malicious”
Firstly, you cant use BC funds to repair lot owner property.
Everyone affected will have to pay their own costs, which means an itemised bill from the builder, or an agreement from each affected owner about how much each will pay (and the totals have to add up to 100%)
The next challenge I see is how to get everyone to fix their balcony.
I am unfamiliar with Tasmanian strata. But possibly there is a section of the act or a bylaw that says owners have to maintain their property. With engineers report in hand, insist that each owner has to repair their balcony. If there is push back (which invariably there will be) the BC may have to take it to the courts to get an order that says all balconies must be fixed.
It all hinges on an engineers or builders report identifying the issue, to satisfy the court
Is this NSW?
I’ll assume it is.
Unless there is specific wording on the strata plan or an exclusive use by law this is how the lot owners property is defined.
It’s the cubic space between the inner walls and inner boundaries as delineated on the strata plan
Everything else is common property
For a 5 year old building A thick line drawn on a boundary is taken to be on the inside of the boundary.
Same with floors and ceilings. It’s the space between them that’s owners property.
( just to be clear, when you buy into strata , you buy air, which is your own, and then a share of the common property)
In your case it’s the responsibility of the OCto repair the cracks and leaks. The costs of the repair is borne by all lot owners in proportion to their unit entitlements.
However you may want to get a move on and envoke your building defects warranty against the builder/ developer. It’s within the defects warranty period of 6 years. Get you strata manager to start a claim ASAP.
The secretary can state up till what time before a meeting a proxy can be submitted. In larger schemes there is a lot a paperwork and checking to check who can vote.
Smaller schemes are more flexible, but can also impose such a requirement.
Always go by the strata plan and its notes.
In NSW, pre 1974 buildings defined the boundary between common property and lot property as the centre of the wall. Subsequent to 1974 it was changed to the inner surface.
Many strata managers don’t know this.
By the driveway,I am going to assume you mean the actual concrete path. Unless marked otherwise on the strata plan, it would be common property as all floors are considered as such.
I’m not going to take sides on this, but here is advice for you.
Did they issue a notice to comply? A notice to comply is an official notice to another owner of a breach of a by law. It must tell you which by law you breached.
Any other notice you can ignore with impunity.
Once you get a notice to comply, you can choose either to act on it ie reduce the by law breach, or if you don’t agree with it do nothing. The owners corporation , without an order can’t touch you.
It’s then upto the owners corporation to take the matter further. First through mediation and then to NCAT.
If it gets to NCAT it’s up to the owners corporation to prove the breach. The lot owner can stay silent.
If you are found to be in breach of the by law, in the case you quote, the worst I expect is the tribunal would just tell you to comply by a certain date.
I think we forget that the tribunal is concerned with breaches of the act.
Sure its annoying that people lie ( shock horror). At the tribunal the member listens to the evidence provided by both parties and decides sometimes which is the most credible version of events
Sometimes it’s a case of he says, she says. The member was not present , so makes a decision on the evidence presented. I guess sometimes they may get it wrong, but that does not make the system bad.
Both parties have their version of events, otherwise they would be in agreement.