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This is a slight diversion but I think deserves airing
I have instigated an APVO against a lot owner.
The initial application is easy, just requiring completion of a form and an interview by the registrar at the local court. The registrar will determine on the basis of your initial application, which is just a few sentences, whether there is merit. He does not determine whether you will succeed.
From here it gets more interesting. Court appearances and sub,issions will be required. The act (I can’t recall the name) defines what does and does not constitute behaviour covered by an APVO.
Basically it’s not to keep annoying people at arms length. It does not cover verbal abuse. It’s designed to protect people from physical harm. Your lawyer will examine your claim and advise whether you have grounds.
In order to deter frivolous use of an AVPO, the courts will award costs if you lose your application. Even if you withdraw your application, the court could award costs against the applicant.
The cost of getting an AVPO awarded, if you use a lawyer, will be $3000 and up, depending on the veracity of the other parties argument. And the other party will spend similar money.
In my experience, the AVPO is a tool available to all lot owners. BUT it’s a very blunt tool that should be used as a last resort and only where physical violence is threatened.
The strata plan is the only evidence you can go off.
Two things to look for.
The strata plan will show the stratum ( or levels) of your property. If the garden is a different level to the living area, there will be at least two drawings for you lot.
If the thick line outlines the stairs, then the stairs are OC responsibility. I expect if this is the case thst the stairs are defined in the living area plan.
The second case is that the plan shows the outline of your garden, and there is no outline of the stairs. The plan will have a note to the effect that the lot property extends x meters below ground level, and y meters above ground level. In this case the stairs are owner responsibility.
This situation is one of the trickier cases, and could cause a lot of argument.
TruleConcerned
The purpose of mediation is to find a resolution to a strata issue. It’s not to find whether one party is guilty. The mediator may offer advice in order to get the parties to reach an agreement, but his words can never be construed to favour one party over another.
Your victory at mediation was to get a written undertaking from the OC to repair the gate. Nothing else.
Thst the OC did not do the work as per the agreement is a breach unto itself. When you go to NCAT you will not be arguing whether the OC is responsible to fix the gate, but that the OC breached the signed agreement.
A whole different case and in my opinion a whole lot easier for you to win as it’s a matter to just prove the facts.
Frans
You need to refer to the strata plan inthe first instance. If the gate and fence are delineated by a thick line and shows thst it’s the boundary between common property and your lot, then the gate is common property . It’s like it was a wall. In this case it’s the OC responsibility.
You then need to refer to the bylaws. There may be an exclusive use bylaw transferring the upkeep of the gate to the lot owner.The OC may argue that the lock was not part of the original building. Let them prove thst point.
In my opinion, the strata manager or OC is limited to applying the bylaws of the building and the SSMA.
I don’t know what by laws you may have, but I can’t see that the behaviour, whilst disturbing, does not violate ant of the standard by laws.
So I think that neither the strata manager nor the OC can act against the tenant.
Your other Avenue is through civil action. Unfortunately the laws punishes people retrospectively. That is, an offence needs to be committed before the police or the courts get involved.
Its unfortunate that you are subject to such behaviour but it appears that no offence has yet been committed.
If this was your workplace, you would have some success in having an employer take action, but thst is only because the harassment laws specifically identify workplaces,but not living locations in their jurisdiction.
Im sorry thst I have no solution for you, save to say to keep a detailed diary, inthe hope the tenant one day oversteps the mark andyiu can take civil action.
You are in no way obliged to use the SCA agency agreement.
But what is the alternatives?
You may change the SCA agreement by striking out or adding clauses with agreement of the strata manager. But it’s unlikely that a strata manager will agree. They will give lots of reasons, both genuine and bogus not to. Remember that the SCA agreement is written by the organisation that strata managers are members of and the agreement favours the strata manager.
Write your own agreement. Of course you can’t take the SCA agreement as a basis because that [document] is copyrighted. You would need to hire a lawyer to draft such an agreement, the cost of which would be thousands.
Perhaps , if JT reads t his, it’s a call to get OCN to draft a contract that committees can put to their strata managers, or perrhaps the government could draft a contract similar to what they have done for residential tenancies.
Since you have mentioned your age, I understand your hesitancy in tackling the issue head on. A fight against the OC is draining enough on younger and fitter people.
Unfortunately, the law does not deal with what is morally right, only what is right in law.
Even if there was some clause inthe act for your dilemma, it’s often necessary to take legal action to enforce your rights.
A good lawyer will be your best asset, but be aware that legal action will take significantly longer than you expect; it will be costly to you since you have to pay your lawyers and experts before you are awarded costs, and there is no guarantee of success.
There is no mention in the act what the notice board issued for ,save that some notice of meetings need to be posted there.
I have seen buildings use this to post various advisory notices as well.
With respect, you may think you are making some contribution to the building, but clearly someone thinks otherwise.
For peace I would just stop posting.
If the records have not been kept, then your fellow shareholders are at the same disadvantage as you.
Proof of a decision is based on proper records, not the often faulty memories .
Consider the baseline to be anything that you can find proper records for. Then see what amendments need to be passed to make it like people think it should be.
From your description, it seems you have been adversely affected by the common property addition.
And you possibly have a case against the OC.
However it’s not as clear cut as pointing to a section of the act and getting relief.
You should engage a good strata lawyer to advise you. If you decide to pursue this action, then it’s probably going to be an expensive exercise because of the technical nature of the dispute.
As a matter of interest, what outcome do you want?
You possibly have got the wrong message from the strata manager.
Firstly you are correct that old meters do not need to be replaced. They are not strata property, they are the property of the electricity supplier. The electricity supplier may replace your meter if you go to a tariff that requires smart metering.
The strata manager is possibly suggesting that the entire metering board is replaced. Installations that are 50 years old use outdated components. At some stage the meter board will need to be replaced so today is probably a good day.
The electricity supplier will provide the electrician with new meters to install. These meters will be smart meters as that’s the standard now.
Such an arrangement can work
Its not strictly in keeping with the act, but if no one complains, who cares.
BUT if one owner takes exception to any small issue, there can be lots of problems.
Going to NCAT is going to be a nightmare as the strata will be exposed as non compliance.
It could get to a situation where a compulsory strata manager is appointed.
If you are comfortable with the arrangement, then buy in. Just be aware that resolving future problems could be difficult because there is no legal structure in place.The status quo is unlikely to remain given a new player is coming into the dynamics.
As it’s not wired into a fire panel, it’s your responsibility.
If it’s 17 years old it should be replaced. The manufacturers of these units recommend a 10 year life. You can get one from Bunnings for $35 and have an electrician install it.
The court will soon inform this women and her solicitor whether they have to adhere to any prescribed process.
In NSW you have to take matters through NCAT. Some owners have gone direct to the supreme court. They won but the court did not award them costs because they went about it the wrong way.
To knockdown the common property wall needs a special resolution. Not more than 25% of votes cast against the motion. You would also need a bylaw.
To purchase common property from the OC would also require a special resolution.
But along with that you would need to have the strata plan altered which means a survey, a new strata plan, alteration of unit entitlements. That’s not a cheap excercise and each step requires a special resolution. You would also engage a valuer to determine the value of the transferred property, payable to the OC.Most people would enter an exclusive use by law, giving you exclusive use of common property. You also agree a form of payment, often a yearly sum representing the “rental” value of the acquired property.