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Only the EC or OC can issue an NTC which must be approved via a motion at a GM or committee meeting which you are going to find virtually impossible to organize.
But you can take the issue to NCAT yourself by going to Conciliation and then Adjudication and if you win he could be subject to a fine of up to $5500. Cost is about $200 but can be time consuming and take about 6 months.
I agree take plenty of photos and submit a motion at next GM (or AGM) that the OC enforce the no parking rule in the driveway. If motion passes it increases your chance of success at Adjudication, if it’s not included in the agenda (by the Sec) it also increases your chances due to bias.
If the motion fails on a vote it decreases your chances of success at adjudication but not fatally IF you can show the parking in the driveway seriously affects your ability to access your garage.
@Garbla said:
If possible, as an owner occupier take out contents insurance with the same company with which the OC has the building (common property) insured & check with the insurance company that there is nothing excluded from both policies. Be careful about bathrooms, kitchens & the like which are not original (& hence not included in common property).
You misunderstand the concept of Strata Insurance because in Strata insurance their is no common property and lot property it’s just insured property and it’s irreverent whether it’s lot or common property.
If you owned a townhouse that burnt to the ground would you expect the strata insurance just to rebuild the external walls and roof with no internal doors or walls or fitting (all lot property).
If the house burnt down the strata insurance would do a total rebuild including all the fixtures and fitting (including fitted bathroom and kitchen even if they were not original).
Don’t confuse Strata liability to do repairs with repairs due to an insurable event because they are not the same thing.
I would also advise the offender that unless he starts complying with the NTC and the bylaws the EC will vote to withdraw his permission to park on common property (outside his garage).
As to his ignoring the NTC no mediation is required and he can be fined up to $550.
If you want to hit him with a larger fine $5,500 you need to go to conciliation before adjudication and proving parking violations is easy just photo the offending vehicle over a 7 day period and state this is typical of his behavior. If you do go down this track make sure you vote to remove his permission to park on the common property first so you can include this breach in your case as well.
No legal representation would be required for such a straight forward case with virtually certain success (as certain as possible knowing NCAT) but it can take 6 months.
I must admit I don’t understand the reasoning behind the qualifier in the act
Part 4 Insurance
81 Building
In this Part, building includes:
(a) owners’ improvements and owners’ fixtures forming part of the building other than paint, wallpaper and temporary wall, floor and ceiling coverings, andas this only applies to NSW. But the act goes on to say
82 Damage policy
(3) A damage policy is to provide for the repair of damage to, or the restoration of the damaged portion of, the building in the event of its being damaged but not destroyed, so that the repaired or restored portion, is in a condition no worse or no less extensive than that portion or its condition when that portion was new.
So unless the original room wasn’t painted the Strata are obliged to repaint to restore it to it’s original condition but the insurance won’t pay for the repaint it’s just ridiculous.
Their seems to be confusion here regarding the Strata insurance because the Strata insurance covers both common property AND lot property. It covers basically the same as a Home Insurance policy does on a freehold property (plus other items).
My opinion is that the Strata are responsible for all the repairs to the roof and the damage done to the lot property (maybe with the exception of any contents) including the built in wardrobes (fixtures and fitting), repainting the ceiling.
Most of this will be covered by the strata insurance but what is not is up to the OC to pay for.
Also with regards Waterboy the floorboards are def part of the structure and so are covered by the Strata insurance but as their is no strata insurance the OC are liable for the full cost.
If the deck is within the private yard it is part of the lot and it’s the owners responsibility to maintain it, just like the garden within the private yard is the owners responsibility or the kitchen or bathroom.
Is this an original structure shown on the plans of the complex if so it is structurally the responsibility of the Strata to maintain it, so long as the owner has carried out routine maintenance of the structure.
If it is not an original structure the Strata can refuse to repair it and just tell the owner that it’s not authorized and their is no bylaw so we reserve the right to remove it as a repair option.
I’d immediately lodge a Conciliation case at NCAT because the Strata are failing to comply with the act
62 What are the duties of an owners corporation to maintain and repair property?
(1) An owners corporation must properly maintain and keep in a state of good and serviceable repair the common property and any personal property vested in the owners corporation.You have to go to conciliation before Adjudication will rule in your favor (most likely outcome).
They obviously accept that it is a OC responsibility because they have repeatedly tried to fix it unsuccessfully a number of times over the last 12 months.
Also get an independent structural report to find out exactly what the problem is and how it should be fixed (ask the OC to do this within 7 days or you will get your own). Keep a detailed record of all your costs to present to the Adjudicator to enable you to be reimbursed.
Don’t blame the SM too much as he works for the OC and has to comply with their instructions, it’s the OC you need to target (sec and chairman).
I cannot find a procedure to bypass the conciliation stage for emergencies that your case obviously is. Cost of Conciliation and Adjudication is approx $200.
You can obtain your own quote online and see how it compares with your current quote. Just do a Google search for strata insurance brokers and complete the online application and they will reply with a quote. You can obtain most of the details from your current policy.
Generally the commission is split between the broker and the SM so in your case each get 10%.
If your SM is adding 20% on that is excessive and you could save that by dealing directly with the broker for all claims (just like a normal person does) however your SM won’t like this because he is down his 20%.
I agree with Whale you were both in the wrong but your error was minor and done in good faith, whereas he took advantage of the situation.
As no vote or approval was given at any EC or OC meeting legally he is in the wrong as he doesn’t have the approval for any changes (just approval to repair the leak). I would suggest you submit a bylaw (written by yourselves) to the owner outlining his new responsibilities that you will vote at the next GM or he can provide his own bylaw to be voted on at the same GM and unless one is passed the improvements must be removed.
You could also advise him that if neither bylaw is passed you will be removing the offending pipes in your garage immediately after the GM. You are only legally obliged to leave the original pipes that do have approval.
@Austman said:
Actually the $5,500 fine information is here:
The up to $5,500 fine can happen when you ignore an NCAT order. http://www.flatchat.com.au/by-laws-and-breaches-the-options/
Yes but to impose a $5,500 max fine they have first to go to Conciliation and then Adjudication WIN at Adjudication. The offender then has to ignore the NCAT ruling and the Strata then have to take the offender to court who impose the fine.
@dan3101 said:
That the Owner’s Corporation, pursuant to Section 27(1) of the Strata Schemes Management Act 1996, appoint a Managing Agent of Strata Plan xxx effective from the termination of xxx with the delegated duties and terms and conditions of appointment as specified in the Management Agency Agreement tabled at the meeting,
Who is going to supply this Management Agency Agreement you??
I would have thought that you would submit a motion to choose agency
a, b or c and the one that gets the vote gets the job.
Just ask your preferred agency for a suitable motion to get rid of your current SM and appoint them. You can then modify this to include agency b or c unless you only want 1 choice.
These changes require a Special Bylaw approved by 75% of the owners present at a GM and the bylaw must include a commitment by the owner of the lot to accept responsibility for the changes made to the common property AND accept responsibility for the changes made to your lot to allow for these changes.
If the owners does not submit a suitable bylaw at the next GM I would suggest that you submit a motion requesting that the common areas that were changed be restored to their original condition and set a time frame. This only requires a simple majority in favor to pass. If he fails to do so the Strata can authorize the work themselves and bill the owner the full cost.
If nothing is done once the property is sold the Strata inherit the responsibility for this bodged job and any remediation required.
@Austman said:
I’m still after any advice that will help.
My opinion is the security device is an integral part of the access system and if it fails (as opposed to being lost) it is the Strata responsibility to repair it / replace it just the same as if the lock to gain access to the complex failed the Strata would be responsible for it’s repair or replacement.
Good luck with VCAT I think you’ve an excellent case.
Any tree that overhangs your lot you are perfectly entitled to remove the offending branches without obtaining any permission from the Strata.
Just make sure that it not got a preservation order on it because that would take precedence and prevent anyone trimming it unless it’s dangerous.
Basically the BC is only responsible for the original structure but in this situation they would have to remove the alterations and return it to the original state. I’m sure the new owner would object to this so you could negotiate with him that the Strata will pay a proportion of the repair if he pays the rest AND a bylaw is registered passing responsibility of the new structure to the lot owner.
Who actually approved the work the EC or the BC at a GM. The EC doesn’t have the authority to approve improvements so that decision is meaningless but if a GM approved the alterations (and their are minutes to prove it) then you have a much weaker case and would have to pay more and the owner less.