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Just an observation for those reading this far.
Strata living is sometimes infuriating. There are things in strata thst bug us.
The actions of others as they affect us , I see dividing into two area. Things that are morally questionable ( but strata legal) and things that are strata illegal.
The tribunal will not solve nor entertain the immoral behaviour ( unless it is strata illegal). If you are going to start action through the tribunal make absolutely sure which part of the act you are going to rely on.
The OC in a friend’s building had action taken against it by an owner who did not like an increase in levies. His grounds were that he could not afford to pay the increase. After a directions hearing the owner eventually got legal advice, which advised him he didn’t have a case. He withdrew the action.
And when you get to the tribunal, it’s like every other court. It’s up to the applicant to prove to the member the section of the act that’s been breached, and the evidence to prove it. (In the above matter the OC had over 200 pages of evidence prepared to refute the owner).
With most ( but not all )records being held electronically, just bring your usb and copy away. You are not allowed to remove material, but you certainly can copy it.
Not so quick.
I agree that the wiring up to the lot distribution board is OC responsibility. However if the lot owner ( and I’m not suggesting this is the case here) has overloaded the circuit, that’s his responsibility.
I think in this case it would require a report from the electrician as to the cause. From there the lot owner and OC can agree who pays.
As JT suggested, get it repaired by your electrician immediately and have the cost discussions later.
I was suggesting a personal visit rather than just requests. They can’t ignore you if you turn up at their office ( with a prior appointment)
Firstly, get your lighting put on a movement detector. You’ll be surprised how much money you will save.
Secondly, there is no regulation in the electrical standards specifying the size of lighting in ANY situation. However, the BCA has general guidance on levels of lighting for task lighting. I think the electrician is using a basic rule of thumb to ensure the light levels are adequate for a task.
Ask your electrician to work with his electrical wholesaler. They can calculate the lighting required for your space. It’s a free service the wholesalers do to sell lighting.
How about exercising your rights and arrange to inspect the records of the OC. Make sure thst they show you all the emails. You will probably find the answers you seek.
I’m going to put forward an alternative to JT.
All owners bought into the strata knowing that the foyer faced west. The situation always existed.
Therefore any remedy is not a maintenance or a nuisance issue, as the situation existed from the beginning.
In order to have something done, you can get 25% of owners to put a motion for a general meeting to get something done ( you specify what you want done).
Alternatively put the same motion on the AGM, where it requires only your request.The motion requires passing at a general meeting as it’s a change to the common property, which can’t be passed by the committee.
At the general meeting, it will still require a majority of those voting in order to pass.
Start lobbying your neighbours now.
The proposed bylaw looks like it was written by a bush lawyer.
”jointly a severally” this implies thst the former owner and the new owner are responsible for any lot charges. The law says that once a property is sold, the new owner is responsible for lot charges, including anything outstanding.
Your conveyancer would ascertain what charges are outstanding and make adjustments to the sale price at time of sale , and pay any outstanding charges.
Your conveyancer will ask the OC for a reconciliation of any outstanding charges at time of sale. The figure provided by the OC is final. If they make a mistake that’s their problem.
Also the OC can’t levy penalties on owners, save costs of recovery of costs to recover outstanding levies.
Youcan point out all these defects with the bylaw to the OC. If it passes, should the OC try to enforce this bylaw, I would think that the tribunal would throw it out as certain aspects of it are unlawful
Can you post the complete bylaw
Sometimes bylaws allow the OC discretion to approve things.
Secondly are you adversely affected? Is floor noise disturbing you? If not you have little chance of getting the floorboards removed.
Justasking
as you answered in the negative to my comments, I’d be looking for a new strata manager.
Justasking
as you answered in the negative to my comments, I’d be looking for a new strata manager.
The current policy details are included with the AGM notice
Whilst the strata manager often gets quotes for the insurance, it’s up to the committee to decide which one to take.
Unless the owners have limited the decision making power of the committee, the committee does not need to refer back to the owners.
The current policy should be on your strata portal (assuming you have a strata manager and they have set up a portal)
As scotlandx said, insurance is in a state of flux at the moment.
The decision at the AGM may have been to have an excess of $1000, but your broker probably was unable to get insurance at a reasonable price with thst excess, if at all.
My understanding of the current situation for strata insurance is that it’s take it or leave it, by the insurers.
You got an answer.
Let me ask you, would you ask your plumber for an assesment of that pain you have in your back?
Local councils are completely unfamiliar with strata, and especially your particular strata. It’s unlikely they gave an informed and legally robust answer.
As others have asked, post your strata plan on the forum for at least a more informed answer, or speak with a strata lawyer.If you assume it’s part of your lot, and you change it, and it turns out to be common property, you have just broken a bylaw.
On the other hand, if it’s your property but the OC spends money on it, you could be asked to repay.
How do you know thst the awning is strata property?
If it was there when the building was built it’s common property.
But it could have been added some time later.
Then comes the question of what water leakage there is. Since outdoor areas are not habitable areas, the threshold for water leakage causing nuisance is pretty high.
I think this is one of those cases where you could have a standoff. A negotiated result with your OC is possibly the expedient solution.