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In my world there is no such thing as verbal. Many years as a project manager taught me that if its not in writing it was never said.
Not withstanding the above the installation of an awning on common property would require an exclusive use by law.
The strata manager or the committee or you can ask for it to be taken down as it violates at least two of the standard by laws.
It seems you may have one of those clueless strata managers that get around.
If it’s the original bathroom then the waterproofing is the responsibility of the OC. No if’s buts or maybes.
You can get details of the insurance policy just by asking the strata manager or the secretary. It’s a document of the OC and hence you are entitled to it.
You can lodge the claim yourself , even if the strata manager tells you otherwise.
Strata insurance policies often include cover for owners fixtures and fittings, so your stuff may be claimable. Don’t expect to get replacement cost back as most policies take into account the depreciated value of fixtures and fittings.
Since the leakage is covered by insurance, the cost should not be an issue to the OC. The only cost to them is the excess.
In my opinion a way to ensure the repair is not done on the cheap is to let the insurance company find the tradesman and get it repaired by them. Since it is common property you have less say as to how it’s repaired.The best place to see what’s covered in your insurance is the Product Disclosure Statement. (PDS). It’s issued every time your policy is renewed or available from the insurer.
You may also need to consult the lease for the boatramp from whatever government department you lease water access from in QLd. The lease will have conditions as to what insurances you need to hold .
In reality the OC will be responsible for insurances anywhere near the boatramp. You can be sure that the government will have written that into your access lease.
How does your OC have two committees?
It looks like your strata manager is being difficult and doing things to suit themselves.
The response you quoted from them is legally correct, but hardly conducive to a fair outcome.
Emails from some ,or many, owners to the strata manager carries little weight. The strata manager can choose to ignore them and be in the right.
I usually organise a committee meeting prior to the general meeting.(it’s usually several weeks before it’s due)
We then discuss what may need to be on the general meeting agenda, budgets etc and agree to a date and method of the meeting.
The strata manager does not need to be at this meeting. Provided the committee meeting is called correctly and has a quorum, the actions out of that meeting are the directions given to the strata manager.
Remember it’s the committee directing the strata manager, not the other way around.
Jim
i feel you are being bullied by the OC.
Most free legal services will provide you with advice but unless it’s a criminal matter, will not represent you in a court.
Get the free advice in order to ascertain that you are in the right and the OC is wrong.
I’d then ignore the letters of demand and wait till the OC takes you to court. It’s up to the OC to prove you owe them the money. It’s now that you engage a lawyer to represent you in court. He would ask that your costs are paid if the OC loses.
Its going to cost you initially for the lawyer, but you get most of the cost back if you win.
I can’t see any other way as the OC seems entrenched in their position
The strata plan and the approved DA are two separate pieces.
Living areas are characterised by certain features (windows, ventilation etc). You would have to go back to the original DA to see what the council approved as the usage for each space. What you call living may have been approved as storage.
Your strata plan only delineates the ‘strata’. It does not show the room dividers nor is concerned with the internal layout nor functions of the rooms.
Since you are seeking a DA it’s the council rules or the highway.
In this case you may benefit from engaging an architect. I know the builder can supply the council plans etc, but the architect is familiar with the councils planning rules and may find a way to get what you want through council.
Two grounds to support your case.
If the previous committee approved that the OC pay for the waterproofing, you went ahead in good faith. The new committee in this case can’t just reverse the previous decision, since as you point out you would have taken a different course of action. This point is not a strata issue but a civil court would generally find in your favour.
On the second Avenue, we had a similar thing happen in one of our buildings where the strata manager told the owner that a repair was OC responsibility. It turned out not to be the case, but the OC wasn’t able to recover the money from the owner. The issue being that the owner was not told that subject to a report from the plumber they may be liable.
We are careful now to spell out to owners that subject to the report from the tradie, the OC may not be responsible.
Tricky area. Stand your ground but be prepared for a fight.
A tricky situation
Is it the original bathroom.? If it is then it’s likely the responsibility of the OC. However I doubt that after 40 years it is the original bathroom.
Is there a bylaw in place for renovation of YOUR bathroom.? If there is see if it says who is responsible for the waterproofing
It sounds like the leakage is through your internal wall. Any leakages through internal walls are generally the responsibility of the lot owner.
Don’t try and blame the OC. Waterproofing often fails due to age and not neglect of maintenance by the OC. You’ll get more sympathy from them by appealing to their sense of compassion.And be careful of the conclusions of the plumbers reports. They are plumbers and their report should just detail what failed, how it failed and the location of the failure.
Only someone familiar with strata law and your bylaws can make a call as to who pays for the repairs.
As a lot owner you can make a claim directly to the OC insurer. They may or may not pay out your claim, but it’s worth a try.
Being on the committee of three strata, and having owned strata property for almost 4 decades, here is my take to your question.
Even the best strata manager does not live in your building. They depend on the residents to report any maintenance issues. Make sure you have a strata manager who responds promptly to repair requests. Make it so that he doesn’t need to consult the committee to get a repair done (that requires that the OC is in a good financial position). Once residents are confident they can report a repair and see it repaired, they’ll be inclined to do it for even the small things.
Make sure you have an active committee that can work with the strata manager. Only a minority of owners attend general meetings and even fewer nominate for the committee. If you see that things need to be done, nominate yourself for the committee. I got a lot done in one block with me and one other (inexperienced) person. It’s the attitude, not the knowledge that makes changes.
Make sure the admin fund can handle the unexpected expenses. Make sure the capital works fund is well funded and don’t be afraid to spend CWF money in order to replace old items. I have never had a problem with putting up levies if I show owners a plan (of how their money will be spent.
Look for the shiniest apartment block in your street. That’s where they have an engaged committee.
Look for the daggiest building in your street. That’s the one where no one cares.
I am guessing that your building has a common hot water boiler and the hot water is reticulated to each unit.
Its not clear cut since the situation is not directly covered in the strata act. However given that the valve is located in your lot and services a single lot, it’s the owners responsibility.
Its analogous to the circuit breaker board in your lot. The board is lot owner responsibility.
Don’t get caught with your hand in the money jar
Swannie
you can ask the strata manager to send the correspondence to all lot owners. Any document related to strata can be seen by any other lot owner.
A “letter” has no force at all in enforcing bylaws. The process starts with a Notice to Comply. The OC needs to follow the procedure in the act exactly, else when you get to court the whole thing will be thrown out.
The offending owner can choose to ignore the Notice to Comply, and the OC then needs to take it to NCAT for a judgement. Whilst many on this forum regard NCAT as a bit of a lottery, it will look at your claims and the defendants response and make a call.
Im not sure that the ‘wrong’ type of plants or the state of the garden will be in your favour.
Also be aware that a case ruled on in Early this year went against the OC because they were found to not be applying the bylaws equally to all owners.Im saying that the offender could point the finger back at you, and if your garden is non compliant you’ll be forced to come up to scratch.
Jimmy
you may be wrong.
The penalty interest is 10% per annum, not per quarter and it’s simple interest, not compounded (that makes calculation easier).
Upon sale of a lot, the OC is always paid out any arrears. It’s what the lawyers call the adjustments. It’s for the purpose that the new owner is not stuck with the debts of the previous owner. The OC automatically gets a check for any outstanding amount.
Perhaps move a motion to engage a lawyer to start a debt collection. Include in the motion thst the defaulter pays all collection costs. Then take it to court.
This assumes that the building does not already have a motion outlining a debt collection process.
Within a short time of death either an executor is appointed through the will, or the court appoints an administrator.
The executor or administrator step into the shoes of the deceased. They are legally termed the “Legal personal representative”. You can ask the next of kin who is the LPR or failing that you can search the records of the Supreme Court where the probate documents are registered.
You can then present the outstanding bills to the administrator and ask for payment. Whilst the LPR is responsible for the debt, if they don’t have the cash themselves, or the estate is asset rich but cash poor, then the strata will probably have to wait it out.
The recent landmark judgement about dogs in apartments has wide ranging implications. The judges said that within your lot one is allowed to do as one pleases (of course within reason).
How far does one extend the not keeping within appearances bylaw. If everyone is growing roses, and you choose rhodedendrums, is this not keeping with appearance?
If everyone installs a pergola and one lot owner installs a sun umbrella, is that not in keeping with the appearance.The usual by laws in NSW say in keeping with the appearance.
I think the interpretation of constant appearance is highly subjective, and I stand by my initial position.