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What year was the building registered as strata?
In the Strata Schemes Regulations Act ( yeh look it up) there is a definition of common property that says that a pipe or tap servicing a single lot is lot owner responsibility.
Probably doesn’t help this situation but may be helpful in getting the current owner to instal a valve.
Toledo3ft
if you are in NSW there is good news.
According to the Strata Scheme Regulations Act 2016 Part 4, 28(e) Double glazed windows are deemed to be a minor renovation and hence do not require approval by the OC.
There is a caveat and that is that if it affects the external appearance of the lot it does require OC approval.
1 No
2 Yes
3 You initially.
You are entitled to quite enjoyment of your lot. That you are not getting it is a serious matter. If you can’t get a resolution with the upstairs owner, then certainly take it to NCAT.
In order to prove your case you need expert witnesses. The carpet layer nor the SM are not experts in noise. You need to hire the expert, but the cost can be recovered when you win the case.
The legal argument revolves around the fact that you can’t get quite enjoyment, not what type of underlay is installed.
Additionally keep a diary noting when the noise occurs and take recordings of the noise.
Good luck
Remember that the Strata Manager is only an agent of the OC. Unless he knowingly does something wrong, he won’t be held liable.
Its the committee who are doing the wrong.
The SM should be advising the committee where he sees that they aren’t complying with the act.
Are these decisions made by the Executive Committee made at a properly constituted committee meeting and minuted? If not then this Ezecutive is breaching the law
What is your question?
If you are asking whether these portals allow viewing correspondence, in my experience of at least three different portals , the answer is no. Remember that correspondence these days can normal snail mail or email. It’s difficult, because of the number of different emails packages, to provide integration into the portals.
Depending on the portal, there may be various documents on the portal. Ie strata plan, drainage diagram, work orders, financials etc
The documents available on a portal depends on what portal your SM is using.
I’m sorry to hear your story
Im also sorry to say that it’s the lot owner responsibility.
The reason is that the fuse box located in your lot services just one lot – yours.
Huyton
just because you have a lot of owners in agreement with you, you don’t have a right to force the issue.
If as you say you have a majority of owners on board with you, write to the secretary requesting an EGM. You need to have at least 25% of owners to sign this letter/email in order to call an EGM. If you request a motion by yourself, it will be placed on the agenda of the next general meeting, which is likely to be the next AGM.
In your letter to the secretary, specify the exact wording of what you want eg trim x trees within 2 week so; have trees trimmed annually ; keep trees trimmed to x height/shape.
You will need to be specific as the committee may just follow the literal motion you put.
Remember that the committee represents the majority of owners. That’s how they got voted in. Make sure you do in fact have enough support from other owners, or you will just labelled a troublemaker, no matter that you may be right.
An OC is required to maintain and repair property.
Some strata managers take it upon themselves to issue a work order if it falls under the rapid and maintenance definition, assuming that the OC will agree.
Some strata mangers refer a request for repair and maintenance to a committee member for information. The committee member just approves the strata managers action.
Are you a committee member and have knowledge of any and all discussions?
Is the committee active or have they delegated everything to the SM?
In NSW all cats and dogs are described as companion animals . They have no special privileges unless mmmthey are declared an assistance animal.
An assistance animal is specially registered and an OC cannot refuse such an animal.
Can you get your animal registered as an assistance animal. You have to prove that you have a disability and require the animal to conduct your life.
Unfortunately it seems that your GP , though good intentioned has aggravated your situation.
Your dog appears to fall under the general category of a pet, and as such is subjextbto the strata bylaws in place.
You may have some recall against your landlord or agent, if they put it in writing. Because they can’t fulfil path of their contract, if it was in writing, you have grounds to terminate the lease and find another place.
If you choose this route, make sure that before you sign the lease that the OC approval your dog.
You’re first step is to notify your landlord/property, manager. Tell them the situation.
Request that they have the strata rectify the problem ( that’s going to take some time)
Ask for a rent reduction for the in convenience or ask to terminate the lease because of the noise.
Mention, politely that you will seek an order from fair trading for either a rent reduction or a termination of the lease.
Allow the landlord about two weeks for a response, then go to fair trading
Most SM contracts have a table called schedule B. It is a list of charges for various work they may do for the OC.
My experience is that some SM are more vigorous than others in applying these charges.
It’s all legal what they charge because it’s in the contract the OC signed.
It’s often a point that OC don’t understand when they appoint a SM.
On the other hand , it’s not a bad idea to ask the SM to justify ever charge., in case they are being a bit liberal in their charging
I’m going through a situation where a former SM for our property seems to have overcharged the OC, and now can’t justify their charges.
Watch this space
If the car stacker was on the original strata plan, then your lot unit entitlements reflect the lower value of your lot compared to others that have a parking space. Thats the theory anyway.
Therefore the levies you pay compared to someone that has a parking space is less. So whilst your levies do go to maintaining the car stacker overall you are paying less levies than others (with a car space)
If the car stacker was installed after the original strata plan, then there SHOULD have been some account in order to make those who benefit from the stacker pay more.
Also check that the car stacker is common property. If it is not, then you ceratinly should not be paying for any maintenence and running costs for it.
Trying to change what you have now is going to be very costly and difficult.
Im not absolutely sure of the law in Victoria but based on my experience in NSW I provide the following comments.
It appears that you did not correctly call a meeting. Just sending an email in itself is not a meeting notice. Therefore what you have taken is a poll. Ask your strata manager to correctly call a meeting.
If a meeting is called correctly, then the defence of “I didn’t receive the notice” is invalid. Provided the correct form of delivery is used (post or email) and the correct days allowance for delivery has passed, then a notice of a meeting is deemed to have been sent and delivered.
Secondly the Owners Corporation (or whatever it is called in Vic) has an absolute obligation to maintain and repair its building. there is no debate in this matter from any owner
Thirdly, usually for a special levy it does not require a unanimous decision. usually its just a majority thats required but check in this case wit your strata manager.
The recalcitrant can protest all they like, but if the majority agree on a special levy then so be it.
How did the admin fund get into deficit? A deep dive needs to be done to determine what the money was sent on. It’s a large miss for a relatively small complex.
Were there any unexpected payments? Was capital works items charged to the admin fund.
A complex of your size should have total levies (admin and CWF) to be somewhere around $30k to $45k per year
It looks like your strata levies have been inadequate.
The only way the admin fund can go into deficit is to borrow from the CWF. The strata act says that this situation has to be rectified within 3 months. That means either the next quarter levies cover the deficit or a special levy needs to be raised.
Id also ask the person who is doing the treasury function to explain how you got into this situation.
LKY
the OC cannot collect levies unless a motion for them has been passed at a General meeting.
Get your strata manger to arrange a general meeting where he us the only one in attendance to allow electronic or other means of voting. Then in the future you can hold AGM by teleconference or videoconference and pass all the necessary motions of an AGM.