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Any capital costs incurred by the OC is always split according to unit entitlements. You don’t even need to do the maths. Just raise a levy for the installation costs and spli5 it the usual way.
The proposal you have received needs to be thought through. I can see the installer just wants the money for the installation.
If the OC pays for the installation, they own the generated solar power. The OC can sell it back to the power company but can’t sell it to lot owners ( it’s both a legal and technical thing). The solar power can be used to offset common property power usage, but generally common property power usage is highest at night when the sun don’t shine.
If an owner pays for the installation in it’s entirety, the that lot owner can sell the solar power back to the electricity company but can’t sell it to other lots or the OC.
Before you do anything else, engage an electrical engineer to look at your situation and make a recommendation (that is free of the engineer trying to sell you an installation)
Take a builder along to an inspection. They’ll be able to tell you whether the wall you want to remove is load bearing.
From my experience of the era of building you describe the units on the lower and middle floors have mostly have structural walls. The top floor units, whilst also having structural walls are only holding up the roof. That means some sort of structural beam can be inserted to support the roof.
Your other challenge is that you will need a structural design to be submitted with your application, you will need a DA from the local council, and approval of the OC. If you can’t convince a majority of owners thst what you propose is safe, then they may vote it down.
There is no guarantee that what you want to do will be approved. I’d buy on the basis of what you see and if your plans are approved, consider that a bonus.
Whilst the idea of short terms let’s is abhorrent to most people, what is your real beef?
If you just don’t like the idea of a Short term let next to you, maybe reconsider your attitude to them.
If the real issue is that the property is let to noisy tenants, then you have the quite enjoyment bylaw to support you. On the first instance issue the owner with a notice to comply. You do not need an extensive history of this behaviour in order to issue the notice.
On the second instance take the owner to NCAT . The owner should be issued with a fine (that goes to the OC coffers).
You just keep doing the second action till the owner gets sick of paying fines.Make sure you have your ducks in a row. Day and time of disturbance. Call the police and have them attend so you have a record for the court.
I am going to assume your building is self managed and the committee is the three owners. A resolution to issue a notice to comply only requires a simple majority so the offending lot is unable to block if you have another owner support you.
There is nothing in the act specifically about letter boxes.
I did a search in Auspost and they say that they will only deliver to appropriate letter boxes. They go on the discuss both size and location.
I would consider that the supply of the letter box is the responsibility of the OC just as provision of water (through common property pipes) and electricity through common property wires. Letter boxes would have had to be installed in the initial build unless there is a bylaw saying you have to use a PO mailbox.
It is implied in the act that the OC has to provide some basic services.
On that basis I would approach the OC to supply not only yourself but all owners with a mailbox. Use Google to find the appropriate directives from Auspost in support.Failing that you may have to go to NCAT for adjudication and directions.
You are effectively the owner of the property whilst you continue to pay the rent. If you have paid the rent for the next 10 days, then unless the landlord gives you notice (find the notice period in your tenancy agreement) then they cannot enter your premises and only when you are present.
The landlord cannot park in your spot as well for the same reason.
As for using the common property facilities, that’s a question for the Owners Corporation to adjudicate.
In the act, any owner or tenant is allowed to use the common property facilities. The act does not exclude one at the expense of the other unless there is a bylaw to that effect.
I guess that’s just one of the quirks of strata law.
You would be entitled to return of some rent if you could prove the landlord entered your property (needs to be better than just your word) and even then you would probably get resistance to such a claim, which would not be worth going to court for such a small amount.
I hear the claims of overcharging, jobs for the boys etc. The loudest voices come from owners who are not on the committee and who rarely turn up to meetings.
One cause of this issue is a lack of communication by the committee, that is if one is active. Let owners know what is going on and why. If owners understand why decisions are made or costs incurred they can be a little more understanding.
Another cause is not the lack of committee involvement. When did your committee last audit the accounts. I don’t mean by an accountant I mean looked at every expense and queried them with the strata manager. I’ve recovered almost 10% of our budget because supplies charged incorrectly.
How often has the committee gotten heir own quotes for work around the building? The companies that strata managers use are some of the most expensive trades around. You can do better finding local tradesmen.
When was the last time you tendered for your strata management. Many strata managers have an automatic 5% rise clause, After a few years there fees get out of alignment with the market. Firstly at the next renewal challenge this clause. Most strata managers will alter this to a lower % if asked. At the next renewal ask other strata managers to tender and let your current strata manager know that this is what you are doing. They’ll sharpen the pencil.
Whilst many will disagree with me, property is not a passive investment. Whether you are just owning your own place or letting, you need to be involved. That way you can be incharge of the running costs.
Whilst most strata managers in NSW use the SCA contract, I have found it impossible to compare apples with apples.
Firstly for the management fee it’s generally true that the larger the scheme the cheaper per lot. But the charge varies between strata managers.Secondly all strata managers supply charges in schedule b. Again charges between strata managers varies. What you need to really work out with the prospective strata manager is how hard do they enforce schedule b fees.
The managers That I deal with tend to be lenient in their application of schedule b fees (and their management fee is not exceptionally high).The industry is unregulated in terms of the fees so finding the “cheapest” deal is impossible.
There is a company that has an online website that serves as a portal for engaging strata managers ( the rules of this forum prevent me from naming them). Just type in your details and you’ll get a comparison of a few strata managers fees. You need to contact the strata managers directly to get a firm quote, but the website will give you a good idea of a ballpark cost.And remember that cost is no indication of the quality of service you receive. I engage with three strata managers who are all reasonably priced and find their service excellent. But that’s because we interviewed them and asked hard questions of the candidates before selecting them.
I also highly recommend every OC to retender their strata management near the end of the current contract. It ensures that your current strata manager doesnt increase their fees unreasonably knowing you’re just going to roll over.
The SSMA does allow owners to be paid for services to the OC.
There are two ways to be paid for your services.1. Go to a tender process for the services you say you are providing. The OC can then resolve to agree to any one of the proposals. You may be successful. Remember that due to the conflict of interest, you would be excluded from the tender review.
2. At the next GM put a motion on the table to be paid a sum in compensation. It’s up to the OC to agree and set the amount of compensation.
Recognise also that since it’s a two lot strata, in any case you are yourself paying half the cost of your services.
You probably need to also factor in that in you don’t get compensated and stop providing these services, then the OC will suffer some loss, of which you lose 50%.There are many committee members who provide valuable time and expertise to strata without ever getting any compensation. That’s the beauty of strata ownership.
Fire safety inspections. A common point missed by many strata.
If the complex is a type 1b building, that is one or two stories, no lot over another, firewall between adjoining lots, then this type of building is exempt from annual fire inspections.
It applies mainly to townhouses, villas and 2 lot strata.
Most councils now charge the land owner for installing and servicing these crossovers. So whilst technically it’s not common property, it is the responsibility of the land owner , in this case the Owners Corporation.
Again whilst the crossover is not common property, my bush lawyers hat would say it should be treated as such. Therefore in my opinion a special resolution under S108 of the act would need to be passed for these works.
I doubt that your building is trying to register a truck load of new bylaws.
The model bylaws are a guide by the legislators to an acceptable rule set. Any new building post 2015 would have bylaws based on these model bylaws with any additions the developer deemed appropriate.
Bylaws can only be added, deleted or amended by a special resolution at a general meeting. To find that the bylaws are being changed as a surprise would suggest either some subterfuge by the OC or that you missed the meeting. Remember a special resolution passes when there are less than 25% of votes cast against it.
Additionally, since 2016, LPS requires a consolidated set of by laws. Pre 2016, to see the entirety of the bylaws required looking through a number of documents attached to the Strata Title document. Now there is one document that holds all the bylaws.
What you have probably seen is the consolidated list of bylaws that will be submitted to LPS for registration. The list will contain all existing by laws, and any amendments or additions added at the lat general meeting.OK. Let me state I have a NSW electricians and was a certified practicing engineer.
Lets get over the safety issue in this case. If it’s old VIR cable then it could be perished and need replacement.
A 32 amp capacity is adequate for such a small apartment. The Australian standard for wiring says exactly how to calculate what we call the maximum demand. Having done a number of such calculations and have seen larger apartments work ok with 32A.
If the installation is currently done correctly, then the fuses or circuit breakers will prevent fire etc in the installation.
Unless you have someone on the committee who has a building background and takes an interest in the infrastructure of the building, I doubt anyone will know the state of the electrical system.
The approach suggested by nemesis is reasonable. If you can’t interest other owners or the committee, you may have to go this yourself. You never know, the engineer may say it all needs replacing and the OC may pay.
With my qualifications I did a report at my daughters complex regarding an old switchboard. On the basis of my report the OC agreed to replace part of the switchboard.
What you propose is something that owners of old buildings should consider. As living styles change, people expect lots of power to be available. Convince the other owners that it will improve their lots value and get them on board.
And just to clarify for those who are not clear.
The contract date is the date that the contracts are exchanged, usually close to the day the deposit is paid. You know its the contract date because the vendor and the purchaser sign the contract.
The settlement date occurs usually 42 days later and is when the final payment is made.
At the time you wrote the contract, there were no special levies to be raised.
As you say, the EGM in 2 weeks MAY raise special levies. There is no certainty there.
The buyer will ask for a section 184 certificate, which will disclose any and all levies due.
You have not erred in anyway.
The buyer may ask for a discount from you but you are under no obligation to give it, as at the time the contract was made you used the best information available.
If your sense of morals sit uncomfortably, you could give a discount, but you are not obliged to.
When selling a property the vendor and/or real estate agent has to disclose all material things affecting the property.
The certificate issued by the council is a paper exercise. The council does not have as prebuilt drawings for your strata so cant compare to what has been added. It only checks that the property complies with the “obvious” issues.
Have the SM or the committee send the selling agent, with a copy to the owner, stating that the renovations do not have OC approval. The agent is then bound to tell prospective owners of this issue.
Whether the agent does or not point out this “material” thing to prospective buyers, you have now shifted the problem to the seller. If a new buyer comes in and the OC requires remediation at their cost the OC says that this was advised to the agent/vendor. The buyer then has an issue with the seller for misrepresentation.
If the agent does inform the prospective buyers, watch them retreat. Either the seller gets a low price or the seller makes good all the issues so that the OC says its approved.