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In my opinion, the strata bylaws for a building are public documents.
By paying a fee to LPI, you can get a copy of any strata title document and any of the attachments to that title document. One of those attachments is the by laws.
Unless someone can show me the rule where LPI holds the copyright to these documents, I’d say they’re public.
Preventing you from using your lot seems to me a breach of your right to peaceful enjoyment of your lot.
So what if it costs the OC more money to have the builder work around you. I bet other owners are not as inconvenienced as you.
As JT suggested speak with the strata manager/ committee. If you don’t get satisfaction I’d go to NCAT to get an urgent order .
I hope you have all the conversations with the strata manager and committee in writing.
Have you approached the strata insurers directly? You could lodge a claim. If the insurer finds the upstairs owner liable, they will chase them for the money (you get reimbursed in the mean time).
In any case you may have a valid claim against the upstairs neighbour. If they won’t come to the party (in the end it’s their insurers who will pay – if they are insured) then get a lawyer and starts proceedings.
Sure it’s more money to spend, but if you win not only are your repair bills paid,but your legal bills as well. You probably can also get your consultant bills paid.
I am no expert is SA strata.
However I think you need to look at the wording of the bylaw.
The bylaw may say that lot owners have to maintain the lot, but that does not , depending on the exact wording, compel a lot owner to carry out the work at any particular time.
The intent of most of the bylaws regulating who does maintenance is to make it clear who is responsible in terms of payment and scheduling.
I hope I am clear.
Red flags all over this for me.
In many strata management agencies, the actual strata managers are burdened with far too many buildings to manage.
The first thing you notice is communications not being returned. Then repairs not being scheduled in a timely manner.
Any lot owner is entitled to responses within a reasonable timeframe. Unfortunately, unless your agency agreement has some metrics in it ( most agreements do not), there is not much you can do – because you can’t even contact them to complain.
Start working on a plan to change strata manager.
The statute of limitations for debts is usually 6 years. If the creditor has not asked for his money by 6 years the debt is extinguished. You could be holding the money for a long time.
Whilst the act calls out for a building inspector, it does not go on to define one.
You need to read the entirety of this section of the act. The OC has final say about whom is employed and the reports this person produces are taken as “truth”
Since the developer is paying get the highest qualified, most expensive practitioner you can.
As JT said, you can raise a bylaw.
However in my opinion just because a bylaw is passed and in force does not mean it will be complied with.
Remember that bylaws are not self policing. Someone needs to observe and then report. For contraventions like parking on common property it’s easy to police as it’s usually that the issue is how long people park on common property.
Are you the one who is going to keep watch, take photos or records and then make a report?
Maybe a friendly talk to the offender will work. Often the offenders do not know they’re causing a problem and rectify their behaviour if they are made aware of it.
Section 204 of the act states that the cost of the building inspector is paid by the developer if it’s a residential development.
Its black and white
For owners who are facing dilemmas of poorly performing strata committees and incompetent strata managers, my advice is that you need to be prepared for the long fight.
If you are , even rightly, agitating against the SM and the committee, you are likely to be seen as the crazy one.
Remember that the contract for the SM is reviewed every three years. Propose your own preferred strata manager prior to the meeting where a renewal is tabled.
In the mean time gently bring up where the committee and SM are not complying with the act. Don’t make a big deal of it, because this tactic is to establish your credentials with other owners.
Talk to other owners and gain their confidence. If you can garner enough support you will be able to direct the voting at general meetings.
The long view can be two or more years.
Peter
the last statement you make is true.
Committees leave it to the Strata Manager to manage the finances. The accounts presented are presumed to be true, but I have found many times for overcharging by contractors which the SM never picked up.
And don’t think an audit will pick this up because it doesn’t.
Strata Managers also tend to use contractors on their roster. Often these are larger corporates rather than local businesses. You’re paying for fancy offices and company cars. Having the committee get quotes for work from local suppliers results in lower bills.
One thing to keep in mind is that the OC is obliged to maintain common property. Where in your own home one can put off repairs, the OC can’t.
And services like lifts and fire services are not found in (normal) houses, but these are expensive as they require yearly inspections and certification.
Most owners are happy to pay levies provided they don’t go up too much, and leave all the headaches to someone else.
A good active involved committee can go a long way to controlling costs.
What is being proposed is an exclusive use by law.
There are two hurdles to jump.
The first is that no more than 25% of the votes cast can oppose this by law
The second is that for an exclusive use by law, the OC must get written consent from every affected owner.
The second hurdle is the tough one, because if one owner objects then the bylaw can’t be registered.
The strata manager could be correct.
Remember that your lot is defined as the inner space between the external walls, and the inner space between the ceiling and the floor.
Pipework in internal walls is the lot owner responsibility.
Pipework in external walls is OC responsibility.
Whilst it may grate on you, the approach you are taking is probably the most expedient.
The OC is only required to maintain and repair common property. That does not extend to making it better, even if the initial construction was questionable. Surely you want your bathroom to be a better standard and more functional.
You can battle it out with the OC, but in the mean time you don’t have a bathroom.
If you feel you need to pursue this I suggest thst you take lots of high quality photographs before, during and after your renovation.Also get reports prepared by a building consultant. Your local plumber is not suitable as they are not used to preparing reports as expert witnesses . If your plumber is challenged in a court, they are likely to be discredited and not help your case.
My daughter renovated a strata bathroom two years ago. Peeling back the finishes revealed a multitude of sins. She decided the easiest course of action was to pay for the repairs herself rather than have a protracted fight with the OC. She now has a bathroom to her taste and the memory of the renovation is long forgotten
Something strange going on here.
The secretary or the strata manager are required to hold the OC title documents. That includes the registered set of by laws.
Any landlord or rental agent can get the current bylaws from the secretary or strata manager. It usually costs nothing.
Landlords or rental agents are required to notify the OC of the names and contact numbers of tenants.
I suspect that the agents or landlords just don’t understand their obligations.
In my opinion the situation you describe is not your problem, so don’t sweat it. The OC can enforce their bylaws even if the tenants have been given the wrong ones. The agent or landlord created the problem and need to be responsible for solving it.
Schedule 1 clause 28 says that voting is only permitted in person or by proxy.
Any other form of voting requires a motion at a prior general meeting to be passed. Once that motion is passed, then that form of vote is permitted until changed.
You would think that paper votes or email votes would be normally allowed, but that’s not the default.