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You guys have lost the plot. A reality check is needed.
You guys rock!!! After all, she IS only a TENANT. With all her stuff all over COMMON PROPERTY too. She should definitely have to move it herself. You have all finally convinced me. Over and out.
18/08/2012 at 1:16 pm in reply to: Priority between existing and subsequently adopted general by laws #16252Hi, contrary to what JimmyT says below, I have recently been reliably informed that in NSW new By-Laws come into effect as soon as they are voted in, but it’s in your interests to do it sooner than sometime within the stupid two years that is allowed. Which is correct, please?
JimmyT said
New by-laws over-ride previous by-lawsAgreed
BUT only if they have been registered with the state authority. Until the new bylaws are registered they old ones apply (assuming they were registered).
When you buy a property your sol will obtain a copy of the current bylaws from the gov dept and these are the ones that are valid. Costs about $100 to obtain a copy from NSW land dept.
Hi again Sarah 1.
I definitely think that, despite what the experts may say here, there’s no need for you to simply accept the ‘rough end of the pineapple’.
Ask nicely and eloquently that all the stuff on you balcony is relocated for you at anyone else’s but except yours and you could also ask for a rent reduction for any inconvenience in not being able to use your your balcony as well as having workmen traipsing through your flat.
That is obviously the right and fair thing which should occur.
But what of the tenant poor, unsuspecting of Sarah 1? Does she really have to move all her stuff or fork out to have it moved? As IBC says? I still say no way.
But Jimmy, Sarah 1 is a tenant, poor thing.
WIth regard to my reference to the ‘big end of town’, IBC with all his ivory tower credentials listed, in my humble opinion, has made a couple of err… adjudications… I’ll call them… which seem just plain illogical and they haven’t been backed up. He has also recently advised people (Struggs, I think) to ‘get a strata lawyer’. Oh yeah, we can all afford to to that just to get he proper thing done!
I find it had to accept IBC’s assertion that Sarah should have to move the stuff herself (or pay a reomvalist to have it moved) and I note he doesn’t quote any part of the NSW Strata Titles Act.
I find it just as hard to accept as his recent assertions that inadequate cleaning of Common Property was not, ‘not maintaining the common property’ as it should be maintained. Interesting how ‘the big end of town’ sees things.
Sarah 1, I think I can confidently say this and if I’m not right I know JimmyT or someone else will correct me: All the stuff should be relocated for you and returned at the strata’s expense, not yours.
I suggest, without delay, you ask your agent or landlord, if no agent, in writing (email) to ask the strata manager in writing and CC you, to have the stuff moved and returned at their expense.
I’m sure you will be able to word your request more eloquently and politely than this post. Go to it!
Struggs said: “Perhaps some people have little regard for governing bodies and rules and regulations.”
But also the rules and regulations very often don’t work. Because they aren’t known, aren’t enforced, take a ridiculously long time to go to mediation or official adjudication and official enforcement. And also because of the modern version of human nature: it’s all about me and mine.
Willie, be afraid, be very afraid. Write a formal letter fast, asking pertinent questions such as: why the strata manager didn’t do as requested; are there any commissions associated with the investment; exactly how and where the money is invested; does the owners corporation have insurance against negligence and fraud; can you be provided with a full set of accounts for the investment etc.etc.
Are there agenda items and minutes and / or correspondence about your investments.
Is there any chance your ‘term deposit’ is with one of the… err… big merchant banks and your strata manager is one of the… err… big strata managers? Do you pay your quarterly levies ‘indirectly’ through a type of credit system with an acronym name?
If you don’t get direct answers fast ask for the money to be put back into your strata’s account.
I have a similar problem. I like to barbeque on my balcony but my next door third floor neighbour has told my Executive Committe to fine me as he claims the beaut-smelling barbeuued pork sausage smells stink him out. Imagine not being to barbeque on my own balcony! It’s not as if I had washing drying or anything like that.
To me, it sounds like your household are in the wrong CBR and should be more considerate of other residents rather than dob them in for ‘hiding a cat’ or whatever.
Say you’re sorry and don’t do it again.
Struggler, you should move that the motion is out of order because all pertinent information has not been provided making sure everything is properly minuted.
What is being attempted is not proper ‘corporate governance’.
Encountering the same bloke resident wearing burnt-orange trakkie-daks and beige hoodie on the common property a couple of times, looking REALLY daggy and not caring about it, I swore to myself never to ‘go and get the mail’ or ‘something left in the car’ or ‘go to the convenience store’ in my round-the-house trakkie-days or generally looking daggy like I don’t care.
Take the hint, In a Jam Over Jammies! That’s my advice.
Hi again, Les, the… err… OP here and Nettle, this goes out to you. Thanks to others for your help and advice.
Imagine… you sit down to dinner with your wife and 7 year old kid plus your mother-in-law. It’s about 7:15pm on an otherwise quiet week night and… GGGRRRRIIIINNNNDDDD… the bloke two floors down is drilling in his wall again. Everyone just about jumps to the ceiling. The kid drops a soup spoon in fright.
The bloke downstairs works 9 to 5. He moved in about two months ago and has been fixing the place up to his and his wife’s liking ever since then, in the evenings and weekends.
At his neighbours’ request, he has been asked by the Strata Manager to warn them when hammering or drilling is going to occur and a general letter has been placed on the notice board mentioning the council rules (inadequate) and what the Act and by-laws say about ‘peaceful enjoyment’. Additionally he has been personally asked to stop hammering at about 7pm on another night.
He he polite and affable but he JUST DOESN’T GET that his home handyman renovations out-of-hours are ruining things for everyone else.
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