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Since you are in NSW and the SM is in Melbourne, I would file the claim in NSW. It means they have to either get representation in NSW ( a lawyer or make a trip) or they don’t appear, which means you win.
I bet if you file in NSW they’ll realise that its going to cost them a whole lot more to defend the action rather than just pay it.
I have been through this as both the landlord and chairman of an OC.
NBN installation is a mess! The technicians who come to do the final installation or just contractors who have no association with NBN or the service provider. They do the best they can.
To break this down.
Your landlord under the new tenants regulations has to provide you with basic amenities. ie power,water, phone. If the phones are going to be disconnected then it’s his problem , or it will be in a few months time when the phones are disconnected. Somehow you have to convince him that he needs to get involved. What happens if you leave? A new tenant comes along and they discover that there is no phone or internet service. Bad news for the landlord.
If your building has cable TV then thats good news. It means that there is a terminal strip somewhere in the building. Probably in the roof cavity.
With any luck there will be a diagram of the installation in the room where the phone lines terminate (the mdf room or board) . You may need the SM to provide a key to access this room.
In a three story walk up building there will be a man hole. Usually located in the top landing of the stairwell. If not it could be in one of the top floor lots. You may need the SM to find it.
(BTW installation of NBN is covered by the Telecommunications Act which gives the technician unlimited access to any part of the building).
If you have a cable TV connection in your place (look where the TV antenna cable is) then its a simple matter for the technician to install a small device ate the termination strip and you have NBN.
If you do not have a cable TV connection, then the technician will run a cable to your lot. If its down the wall cavity then no OC approval is required. If it need to be run in a conduit outside then OC approval would be required.
Its in no ones interest to block installation of NBN. Its now a necessity of life and owners or strata that done have NBN connected would be devaluing their properties
Good luck.
Persistence will pay off.
What is your complaint? That the levies went up or that you think it’s not democratic?
The amount of levies charged needs to supported by a budget presented at the AGM. The owners can then approve the budget or modify it and hence establish the levies. Remember that no matter the protestations of some owners, the costs of running the building are what they are. A diligent SM or committee can keep the costs down.
Levies can only be charged if the motion is approved. It would be highly unlikely that a motion for levies would not be passed as the OC then has no income to pay its bills. (In corporate speak the OC would be insolvent).
In a 10 lot strata, the SM can only hold one vote. So by your notes there were 5 votes present. For a normal resolution to pass only a majority of votes are required. So that means 3 votes would pass the motion.
There is no requirement to record the voting of lot owners. In your case what’s the point? I know in smaller lots (like yours) the SM May record the votes in cases where there is a contentious issue.
Why not approach the SM with your concerns? A good SM will take the time to explain what happened. If you can’t trust the SM then find someone you trust to help you understand what happened.
If the motion for the levies has been passed correctly, then you have no choice but to pay, or risk losing your voting rights.
Jimmy
well worth while to listen to the whole of Amanda’s Friday afternoon chat.
Jo Cooper presented as a very coherent person, not as I previously envisioned her.
She made enquiries and could not find ANY cases where people died or were seriously taken down by a pet allergy.
She went on to say that people present with many allergies – nuts, dust, pollen, household chemicals. If by laws were to be equitable then all potential allergens should be banned from strata “in case” someone shows an allergic reaction. Clearly that by law is never going to happen.
I doubt that this will go to further appeal. The reasoning of the judge was enlightening, basically saying that bylaws can regulate the common property but not the owners lot.
One would assume that you inspected the property prior to renting it.
In that case you took it as it is.
The only out you may have is that you did not inspect the property and relied on the agents representations. If that was the case, then you have recourse against the landlord.
However , whichever case it is, the strata can’t assign you a different car space. Any other car spaces are either lot owner property or common property. Exclusive use of common property would require a by law and probably some “consideration” ie money. Are you prepared to pay for the bylaw and consideration, because I am sure your landlord won’t?
Hanging.
No seriously, the OC cannot hand out penalties, that’s up to the tribunal.
You can’t regulate against stupidity. There is always someone who is going to try on something new. Who would have thought of bringing a pony into a lift.
Hopefully this is a one of event. A polite letter from the committee to the offender may make them realize the folly of their actions.
Altenatively a letter from the committee to all residents asking that they notify the committee if they are going to transport unusual articles in the lift.Perhaps you have a by law about pets. Pets usually require the permission of the OC. Tell them they need approval, even if they don’t own that animal. ( The lot owner is responsible for the animal because they ordered it).
Figuratively the horse has bolted, so unlikely to “punish” the offenders this time.
I hate to say it but TM15 you are part of the problem, not part of the solution.
Whilst you sort rubbish and tidy things up, the rest of the residents don’t perceive there is a problem.
For a short time let the bins be full.
When other residents realize that the problem exists, then you can rally them and move forward with a solution.
And the solution is not more bylaws, because as someone else pointed out, yo7 have to catch the miscreants
In respect to the legal fees, only the courts can award costs. Your proposal would be seen as a deterrent to people exercising their rights. Remember that when your are in court you argue for your costs, so it’s not as if it’s just a fleeting afterthought of the court.
For the other issues, you could pass a bylaw for “service charges”. You would need to be careful of the wording to include all foreseeable events. The OC would also need to prove these costs before charging the owner. That so that it’s not seen as an arbitrary penalty but a genuine cost recovery.
Lastly unless the OC has an order from the court they can only enter a lot with the permission of the resident. Of course if it’s a real emergency (burst water pipe) then forced access is allowed but the OC would pay for gaining access (a locksmith) and any damage caused by the entry.
In NSW the law states that you are permitted to trim any part of a tree that encroaches over your boundary. You do it at your expense not the tree owners will expense.
You are not permitted unless the tree owner agrees to go onto their property to do the trimming.
Having said that local ounces also restrict the amount that can be trimmed in one go from a tree (in my country il area its 10%) and the coun is requires a registered arborist to do the work.
Unless the neighbour gets a court order ,ordering you to pay, they are required to pay.
There is no specific strata law pertaining to your situation.
But by the concept of recipricocity, an owner is not allowed to impinge on common property. Therefore the OC can’t impinge on lot owner property. (In your case I am assuming that the courtyard you speak about is actually on your title).
In addition any person crossing your courtyard is deemed to be trespassing, if you have expressed that you do not want people to cross.
That then makes the path superfluous and the OC could be deemed to be abetting the trespass.
Have a word with the SM and the committee and point out the above. If they don’t agree then a stern letter from a lawyer may get them into action.
BTW if the path is on your property you are completely within your rights to do with it what you want. Unless a by law exists in relation to the path, anything on your property is yours and you are free to do with it as you please.
Joe 50
When you go to NCAT you need to be armed as follows
1) The law or bylaw that is being broken. Courts don’t adjudicate on grievances alone.
2) You will need your own noise report carried out by a recognised professional (an acoustic engineer) . Again the courts are loathe to entertain arguments that its noisy. As an earlier email said, noise is subjective. get your report together; spend the bucks.
(the court may award you your costs if you win, but its not guaranteed, and you never recover all your costs – you will be out of pocket)
Its up to you as the plaintiff to prove your case; the other party is entitled to argue otherwise, but in the court you go first.
Dear anonymous
firstly congratulations to your OC for amassing a large sinking fund. Many strata would like to be in your buildings position
Ill cut to the chase because your question contains many parts.
Changing our strata to post 1974
The answer is you can’t. 1974 has passed a long time ago. The Strata Schemes Management Act 2015 and the Strata Schemes Development Act 2015 define the lot property and common property in reference to the registered strata plan.
The Land Registry Service makes specific reference to pre 1974 schemes at http://rg-guidelines.nswlrs.com.au/strata_scheme_questions/pre_1974_plans
A by law wont fix the registered strata plan.
Who has advised you that windows and doors are lot owner responsibility? From 1996 external windows and doors became the OC responsibility (though balcony windows and doors can be the exception and requires reference to the registered strata plan).
The capital works plan is intended by legislation to be a living document . It requires review (and possible updating) every 5 years, but it can be done sooner. Its also not set in stone. The intent is that OC levy owners for building works that are predictable in the future so that owners are not left with a huge special levy .
I then ask , do you have a strata manager. A good one would be able to advise you on all the issues you have outlined. Maybe its worth a few extra $ per week in order to have a knowledgeable resource.
Failing that, there are a number of strata consultants out there. (I cant name any but I know of one personally)
And finally the financial objectives of residents and investors are generally different. It is entirey posible that the investors have attended to their agenda in preference to yours.
Perhaps you and your other residents get on the committee (if not already) Thats where the day to day decisions are made and your chance to protect your interests.
Good luck
Be careful what you wish for.
Buildings constructed in the past should have been built to the fire regulations current at the time. The occupation certificate was issued on that basis.
Only in unusual circumstances will the local council require changes to bring the building up to current regulations.
These modifications can be very costly.
Before you do anything make sure the committee is with you. If you stir a hornets nest you will be the pariah of your building.You can approach any company that does fire inspections for a report. Just be careful who you choose as some companies “beat up” the report in order to have you spend lots of money with them in upgrading the building.
Abloy does not have an exclusive monopoly for two reasons.
1. You can get your locks keyed to a select number of suppliers. Abloy being jusT one.
2. Your block will have its own key to the electricity room. It can be copied by any competent locksmith.
The purpose of the Master key arrangement is that the supply authority has one (master ) key that opens every meter room in the land. Your block has a unique key for your building that will not open other blocks meter rooms.
This system is not only in old blocks but in all new buildings.
Your strata manager or secretary should have a key. As you said it’s common property so authorised people should have access to it.
I assume that the side entry gate is between common property and your lot.
If the line in the strata plan is a thick line, then the gate is common property. So a by law would be required.
If the line is thin, then the gate would be considered a fence and comes under the Dividing Fences Act. Then the OC and the lot owner are jointly responsible for the gate. If the gate is in disrepair, you can ask for a re-fence (a new gate) and the OC and you pay half.
You can also just take it on yourself to re-fence. Install the gate you want and pay for it yourself.
You can’t be penalised as it is a dividing fence and the act allows you to replace the fence at your cost with what you like.