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Perhaps we can get back to the real discussion.
What’s THE REAL issue. If the leaking has stopped because the tap has been turned off then the problem is fixed.
One can spend a lot or energy chasing perceived issues that may not be there.
Make a record of the conversations with the strata manager via an email to them. If this reoccurs in the future then let them know its a reoccuring problem ànd for the OC to fix the cause.
Its also useless trying to contradict the findings of the plumber unless you get your own plumber/consultant to provide a report to the conntrary and then to establish that the lack of waterproofing was the root cause.
Oh dear. Another good idea at the time turns bad.
At the end of the day the lawyers will have to sort this one out.
But a couple of thoughts. Your strata is only liable for anything documented in the recreational easement.
In the future when the pool reaches its use by date you may be up for part of the replacement cost. The recreational easement may assume an ongoing right for you and others to the use of the pool. So someone is going to need to fix/repair/replace the pool at some time in order to provide that amenity to the signatories.
Just hope that it never fails.
Its section 182. All Owners have the right to view all records of the OC
If they want to be silly buggers just look at section 183, pay the fee and away you go.
Make sure you look at the emails. Usually these are on the strata managers computer. They may claim privilege but the are also records of the OC.
Section 110 specifically says renovation of a kitchen is a minor renovation. That could broadly be defined as a complete kitchen makeover.
Though if exhaust or plumbing is changed it becomes a major renovation
Even Owners Corporations are prone to different interpretations of the Act. That’s why lawyers holiday in Aspen.
Yes but in relation to the insurance commission.
The OC will pay the same premium whether the insurance is arranged through the strata manager or purchased directly by the OC.Many insurers for strata only sell their strata policies through brokers.
The argument for the commission is that the strata manager will lodge claims and follow them up. They deserve to be compensated for their services.
There are also some strata managers who refund the commission to the OC.
The selection of a strata manager needs to consider all the factors.
I am not the full bottle on Tasmanian strata act
However looking at the act
A couple of things I can say.
The body corporate is required to take out insurance for the property. Your mother may take out insurance for contents, but the building is insured by the body corporate. I can’t understand how she is even able to take out separate insurance as she is not the owner of the property. Insurance companies generally do not provide building insurance cover for individuals in strata.
If the majority of owners want a strata managed then that is what will prevail. From what you say it seems that the strata is not being managed in accordance with the act and hence may benefit from a strata manager.
The maintenance does not need to be done by the strata manager. In fact they usually get contractors to carry out repairs. The owners can choose the strata contractors or continue to use whoever does it now.
I support everything that Jimmy said.
One observation from your enquiry is that it seems that a majority of the committee are on your side.
Motions before both the committee and the Owners Corporation in general need only a majority to pass.
Despite virulent protests by certain people it is the majority who decide.
Play nice and get your votes in a row and all should be good.
Strata blocks are not mandated to adopt the use of QR code’s or any method of logging visitors.
So it’s purely up to the Owners Corporation as to whether this is adopted.
The hole that I see is that unless one appoints a “COVID Marshall” that monitors who visits, then compliance will be scattered as many visitors will choose to not cooperate.So far as I can recall strata blocks have not been prominent in the spread of COVID 19.
Joe50
at a directions hearing the judge will direct certain actions are undertaken by one or both parties in relation to the presentation of the case. You don’t argue your case at the hearing.
If this is the first direction hearing you will be asked , as the respondents, to submit to the court and the other party the basis for your case (I said, he said, I did, he did). You will be given a deadline to submit your version. The other party will be directed to do the same but only after you have put your stuff in.
If you have never done this I would engage a solicitor to help you prepare your submission. It needs to be in accordance with the Evidence act. If you muck up your submission will not be heard, you’ll lose the case and you’ll pay their costs.
Also the court can’t order the tenants to be thrown out if they are noisy.
You need to provide the acoustic report. You are the respondent and are responsible for proving your case.
Good luck that you got this far. I feel you are overreaching somewhat and consultation with a lawyer will help guide you for a better outcomeSome strata managers fail to recognise that they are the servants of the Owners Corporation. They make decisions without reference to the committee.
Holding the meeting at their place is convenient for the strata manager.
Just check the agency agreement because there may be schedule B charges to hold the meetings outside business hours or if they have to travel.
Otherwise the committee has the right to specify where the meeting is held.
None.
I tried to help an elderly owner who clearly had difficulties coping day to day.
I approached ACAT, the local social worker, police. They said that unless I was her doctor, carer or relative they could not intervene , nor even look, into her situation.
Very frustrating when I was concerned with the ladies well being.
She contracted pneumonia, went to hospital for treatment and the social worker there would not release her to anywhere but a nursing home.
If the risk has been identified it’s up to the OC to manage the risk. (This is risk management 101). That the OC has public liability insurance is one way that this risk is managed.
On a more practical point, why not have the lawn mowing contractor or gardener to sweep the path. Our block has a cleaner and one of their tasks is to sweep the outside common areas. It includes leaves.
If you don’t have any of these trades, hire someone on a short term basis.
$250 for a spring adjustment was a fair price.
Having had to deal with tilt doors I was advised by a tilt a door specialist that springs do stretch over time and need replacement.
There are many specialist repairers out there. Get one of them in, not a handyman, to inspect and give you a quote.
$2000 to effect repairs is too high since you can buy and have installed a new door for less than that price.
Since the door is common property, the OC decides what repairs to effect, not the lot owner.
Whilst it is disappointing thst pet owners leave the fouling of their pets, the job of the cleaner is to clean.
No one likes picking up animal droppings, but it’s not the OC job to “protect” the cleaner. And you don’t know – the cleaning company may be a very good employer. I’m sure that this is not the first poo the cleaner has encountered and won’t be the last.
Your energies are best spent to fund the culprit. Have you tried CCTV tapes?
Whilst the meter may be for the exclusive use of your lot, the meter is not lot owner property.
The meter is either the property of the water utility (not likely in this case as it’s for hot water) or the meter is used to charge back hot water and gas usage in an embedded network. An embedded network means the OC is the body responsible for metering and charging for the hot water to lot owners. Usually the reading is contracted out to a third party, but nevertheless the meter is the OC responsibility.
Taking another tact, if for the sake of the argument the lot owner owns the meter. Under strata law they can do anything they want with their property. Therefore the lot owner could remove the meter if they chose to do so, and therefore the lot owner would not be billed for hot water.
Tell the SM it’s common property and the Oac is responsible for the costs. You may have to take this to the courts to assert your right.