[kaindub]

What a wonderful idea

EXCEPT

Whilst a by law may exist, residents and managers can’t enforce them on the spot. One needs an order from NCAT to do that.
Where the contravention is behavioural, the miscreant has probably departed long before the matter is heard.

Its really annoying, but in my opinion bylaws regulating some behaviours are just not worth the paper they are written on, as enforcement is entirely impractical.

 

[kaindub]

Whether its the lot owner, the owners corporation or the builder, doing nothing is not an option. Non action just causes more damage.

If the builder is being stubborn and it’s common property, the OC should get the repairs done , or some temporary fix so further damage is not done.

I assume you have reports from qualified people identifying the problem and the solutions. You’ll need these in any case in fair trading.

The courts will not leave you out of pocket if you take reasonable steps to minimise losses.

One other item to remember is that by the OC not taking action to minimise the lot owners losses, the OC will be liable for these losses.

[kaindub]

Common property cannot be assigned . It requires an exclusive use by law that is passes as a special resolution.

The OC can’t increase  the unit entitlements to cover this as the lot property remains the same.

The OC could seek rent for the use of the land as the lot value is increased with the exclusive e use of the land and the pool

Alternatively the lot owner could purchase the common property from the OC.

There is no clear cut answer for you and I suggest discussions with a strata lawyer may find a suitable option.

[kaindub]

No!

[kaindub]

There is nothing in the act in regards to your question.

It comes down to this.

By issuing a work order, the OC is entering a contract.

That means that as the work is completed, the OC is required to pay the invoice .

If at the time the invoice is issued the OC does not have sufficient money to pay, that’s a breach of contract.

It then falls back onto who knew, or should have known that the OC did not have the funds  to pay. They can be held ĺiable

If the OC cannot pay the invoice, the creditor can ask for the tribunal to appoint a manager to the property, who will then take charge and raise a special levy ( no meeting required)

It’s a tricky situation, especially if there are owners who don’t have the funds or can’t raise the funds necessary.

[kaindub]

It’s not up to the OC to declassify the door as an emergency exit.

The initial DA will have required certain emergency accesses. The usual is that an emergency exit is required within a certain distance of , for instance, a garage. These exits must be maintained and are tested yearly in the fire safety report.

Additionally emergency doors are required to open out, and they cannot be locked from the inside.

So whilst owners can’t enter the garage through this emergency door, there is no reason one can’t let in the tradie by opening from inside.

 

[kaindub]

So if the OC has been keeping minutes as required, then any prospective buyer will see that major repairs are required and mark down the value of all units. Even if a partial fix is made, the prospect of major upcoming repairs that need to be funded will still devalue lots.

It is an obligation of the OC to repair and maintain common property.
If there are grounds to repair and some owners are holding out, any other owner can go to the tribunal and get an order.

As an aside, the argument thst either the OC or an owner does not have the money is not reason for the tribunal to make the order.

Its then a matter to figure out how to pay and when it’s to be done.

Some owners don’t get the major difference between strata and owning a freestanding home, is thst an individual can make all their own decisions and assume all risks in regards to repair and maintenance, whereas in strata you are part of a collective, where one’s interests are subsumed to those of other owners.

[kaindub]

Takings slightly different tact tack

The OC must provide keys to all access points to common property.

They can’t just stop people using an access point.

 

[kaindub]

In my opinion , the positions of  chair, treasurer or secretary do not confer any extra powers to members. The act is very specific in that these positions have certain functions, but no extra power.

Of course members who attain these positions often assume xtra powers and become roadblocks to a democratic process.  They justify them maintaining these positions because ” no one else can do it” or some other excuse

In order to break this entitlement, you need to get them removed from the committee completely.

[kaindub]

You are looking for an exclusive use by law.
The owner of the affected lot has to agree to the bylaw.

I am thinking that you want this bylaws(s) to apply to each unit .

If one owner objects to his bylaw, and everyone agrees to theirs, then the OC is still responsible to fix the wiring.

I am guessing some owners can’t pay their share of the electrical upgrade. Remember the OC is responsible to maintain and repair common property. Since electricity is a basic service the OC provides to owners, if the owners don’t do something immediately, it’s going to be an easy decision for NCAT to issue an order.

Perhaps consider a strata loan to fund the work.

[kaindub]

I’m sorry to say Sydney Cider that you don’t understand the strata law.

The levies are determined at the AGM and that is the only notice required by law. The meeting determines the quantum of the levies and when any instalments fall due. The usual practice in strata is for the treasurer to send a reminder notice to each lotbowner as the instalments become due.

The strata act also states that levies not paid more than one month late are charged a 10% per annum interest. This is not a charge the strata manager can waive.

If there are other late fees, they need to have been set up as a bylaw.

The only exception allowed under strata law is thst the OC can add the fees for collection of the debt. But this needs to have been passed at a general meeting.

Yep it’s tough when you get these surprises, but it seems to me the strata manager is just doing his duty.

[kaindub]

You don’t mention whether you currently have a strata manager.

The right strata manager can work wonders in the case of the neighbour from hell.

If currently you do not have a strata manager, select a suitable candidate, organise a general meeting and have your selection voted in.

Make sure you lobby enough other owners to ensure your motion gets approved.

Its better than a compulsory strata manager being installed

[kaindub]

You need to look at the bylaw for this fence/ gate carefully.

If it says that the maintenance of the fence/ gate is the responsibility of the owner, then the owner pays all upkeep.

If the bylaw is silent on who maintains the fence/ gate, then the OC is responsible.

[kaindub]

What you describe is a main water meter (existing) and then sub meters to each lot.

Sydney water can manage this IF you can fit their meters to each lot.

Alternatively you can have an embedded water network, where again meters are fitted to each  lot and the billing is done by an embedded operator.

Nothing revolutionary here except in most multi level buildings, fitting any sort of meter is very expensive because  the plumbing was never designed to have a meter installed. ( The incoming lot pipes are generally buried within the building structure.)

[kaindub]

Truly concerned

In the situation you described, I would be going toNCAT not to right the breaches of the SSMA, but to have the committee member removed , if the actions you say they did could be proven.

Get rid of the problem at the source.

That would also put the wind up the other committee members that they stay in line.

[Author]

Replies