[HappyNow]

Just an update: an EGM is being held to reimburse me from the sinking fund. 

The pipes under the fence went out to the road stormwater drain.  I just hope the others see sense that this is not my sole responsibility and the cost to fix should be paid from the sinking fund.

Time will tell!

[HappyNow]

OK but the trees are not only mine, these are trees on the border of the fence that sit on both side of the fence AND the roots are affecting all 4 of the duplexes so does the neighbour on the other side of the fence have to foot the bill too? It includes taking down a section of fence.  Removing the trees, clearing the stormwater drain (which supplies 4 duplexes), replacing the fence.  I can negative gear my portion of the cost however not sure about the neighbour and if we dont clear it, the grounds will flood.  The work is being carried out today. Photos will be taken and the Strata Manager will call an EGM to decide how this is paid (ie private or sinking fund).  

[HappyNow]

I experienced the same thing SecretaryStar. Bullies of the highest order who provided special attention to those who voted for them or gave them their proxy vote.  There was no justice to be had though we tried hard through Dept Fair Trading and NCAT. After 4 years, I moved out and rented the apartment and moved back to my home. In the last 18 months, 1 EC has passed away and 3 have been voted out. Only 2 remain of the initial EC Committee, one is the treasurer who has been ok and 1 other.  I dont intend moving back for another few years yet, by which time the SEPP5 strata will have been transferred to normal strata (once the current owners realise their money will double by changing the DA with council and they want to sell), or there will be a more fair EC in place – which seems to be the case now.  I feel sorry for all those who do not have a choice or a voice.  It is very frustrating and demanding but it appears the bullies do get their just desserts in the end…it just takes time.  Good luck with trying to change them. They need to be voted out but difficult if no one a) cares or b) doesnt want to put their hand up to go on the EC leaving it to those who do and want to control.  

[HappyNow]

Thanks everyone….yes I do believe it will be in the agreement between the OC and the SM.  I had not thought of that and I have not seen a copy of it as the SM has been in place for 3 years now.  I will check that document just so I am aware.  Appreciated.

[HappyNow]

Thanks Jimmy T

I am negative gearing the apartment so no skin off my nose as I claim it back on tax. 

My query is really the fact the Strata Manager told my agent that they are not obligated to provide an invoice for payment (according to legislation).   That does not seem right to me especially as the agent is paying on my behalf out of their trust account. I wonder what legislation the Strata Manager may referring to?  Would appreciate knowing if there is such a legislation.

(My agent has now had a heads up so will be requesting a copy of the levies a month prior to them falling due).

 thanks

[HappyNow]

This was the response from my neighbour above me to my queries to her.

Just wondering if you are satisfied with the roof repairs carried out above Unit 21?

 

Repairs have not yet been completed, internal damage has not been attended to!  The external problem has been ‘fixed’, however only time and February rains will tell if the cheaper option they chose is satisfactory!

Was a builder involved in the repairs ?

Yes the builders were organised by the Strata Management Co

Did you suffer any further water penetration after the deluge yesterday?

No damage today, I was home to make sure.  The problem only comes when we have days of rain!

---

   Neighbour’s name removed to maintain anonymity —- Whale 11/06.

[HappyNow]

I received this response from the Executive Committee via the Strata Manager to my request for a professional check for damp to the common property wall. How should I respond?

With regard to your Agents routine inspection of your property it is noted that there is no mention of water damage internally nor where there any comments regarding either repairs or maintenance required which one would normally have expected if there was any form of your stated water damage. In fact the report indicated that the premises were in good order apart from some minor paint bubbling at the front entrance area and unfortunately this still occurs in some areas of the complex.

In respect of your allegation that you sustain water damage to your property as a result of the pitch of the roof above Unit 21 we advise that the damage sustained to that unit was confined to one area, that being the lounge room. If in fact, as you allege, you have also sustained water damage then it would have been noticeable from the ceiling area of your lounge room as water would have leaked from the floor area in Unit 21 and to-date all we note is that you advise that you have sustained a mould issues in your lounge room, study, ensuite and main bedroom and these are more at the lower level of the walls.

We again point out that on previous occasions reports on that issue indicate that it was as a result of poor circulation of air within the premises and that when testing was done the moisture levels were well within acceptable levels.

We would advise that having spoken with Unit 21 repair to the roofline has been undertaken and we do not envisage further occurrences of water ingress to the premises. This will be continually monitored by Unit 21 who will advise if this is not the case.

[HappyNow]

Thank you  The building is less than 5 years old.  The original builder went into liquidation. A subsequent builder finished the odds and ends still requiring completion which were mostly internal jobs so the roof pitch would have been part of the original builder.  I think this fault should be covered by our Common Property Strata insurance.  For some unknown reason, the Executive Committee are not bringing them into play.  I do not understand the incompetency of the Executive Committee or their reasons for not bringing in the Insurance Assessor to look at the roof fault. Of course, we as Owners have given the Executive Committee our approval to make decisions on behalf of the Owners Corporation.  I can understand why now the neighbour above me will have to take her own private action to NCAT and I will have to do the same as I have emailed the Strata Manager 18 months ago that my common property wall running the length of my apartment is suffering water penetration. I was not aware of what was occuring to the apartment above my head until last week. It is galling to think an unprofessional body calling themselves an Executive Committee can get away with something like this for so long. A total of $1,000,000.00 in property value is being affected by the decisions of an unprofessional few (5 members are on the EC).  They did not mention anything to me of the problems occuring in the apartment above me though they were aware of my water penetration concerns.  Something needs to be done to ensure our assets (that is anyone who owns a Strata unit) are not affected by such incompetence! I’m gobsmacked to say the least.  My neighbour could not sell her unit in the current state. Not that she wants to, but if she did, she would have serious issues.  I appreciate your feedback, knowledge and experience in this matter.  Thank you very much for clarifying.

[HappyNow]

Can I check.  We have a Strata Management company in place, by Strata, do you mean the Strata Manager or do you mean the Owners Corporation aka Executive Committee?  The EC have superficially fixed the ceiling only.  NOTHING has been done to the roof, either to prevent more water penetration occurring OR fixing the pitch of the roof.  If going to NCAT, who do you make the the form out to for mediation?  The Owners Corporation, The Strata Management company, the Executive Committee acting for the Owners Corporation (the EC were the body advising the neighbour to go back to her insurance company).  Thank you for clarifying

[HappyNow]

Jimmy T, after all the strife I have had with a registered Strata Management company and bullying Executive Committee, I can only cringe at what corrupt self managed Strata Management may lead to.  It was different when you could trust your neighbours and held the hope that each owner wanted the best for all owners.  Unfortunately this is not the case in a number of examples, and even our small complex of 21 units is open to abuse and mismanagement supported by the Strata Management company.  No I think this is asking for trouble.  A lot of time will be spent in NCAT trying to sort out what corrupt managers and owners corporations are up to.  I pity the innocent, sick or elderly who do not have the energy to fight these battles.  Battles that were not looked for but had to be fought for the sake of justice and fairness to all.  I will keep battling and not be worn down by bullies and corruption.

[HappyNow]

Thank you. 

[HappyNow]

Does anyone have an answer to this question?  Thank you

[HappyNow]

Thanks for the feedback.  the 3 items have now gone to CTTT for adjudication. Submissions due in by 22/10.  I hope the adjudicator is wiser than the EC.

[HappyNow]

I’m not sure this is such a good change.  Not sure what the cut off is for ‘older’ buildings however once a building reaches 10 years, it is going to need ongoing maintenance to ensure the value of your asset is maintained.  That means spending money to ensure a well kept, clean and safe environment.  My fear is that (take a Sepp5 Strata for over 55’s for example).  Very often, the people who buy into these complex’s do not have the monetary means to afford additional monies for sinking funds or special levies.  They figure that by the time the complex needs expensive maintenance, they will have already sold and not have to put in monies for future owners to get the benefit from.  As long as the sinking fund is ‘sufficient’ and they sell prior to any obvious repairs being required, they should clear a tidy sum in capital gain leaving the new owner with the prospect of having to outlay for special levies for unattended repairs.  Yes, you can have a building inspection done but it does not always uncover well hidden problems.  I guess I am playing devils advocate here but it is worth considering yes?

[HappyNow]

This has been re-edited by me … hope it now makes the sense that was intended … JimmyT

Kiwi Paul said

As for choosing the 4K repair this was an OC decision and so you would have been able to vote on the motion that was put forward (should have been anyway).

‘As an owner, the OC was not advised nor asked to vote on the cost of the repairs for the water penetration.  As mentioned they ranged from $16K to $3K to a mere $404.00   A normal EC would have submitted the quotes to the OC so they could see the quotes to see what was being repaired and why

Kangaroo said 
I don’t know where you saw the expression “bad debt unrecoverable”, but to me it means the debt has been officially written off, so should not make you unfinancial (if you’ve paid your levies).

The ‘bad debt unrecoverable’ was in the minutes of the Executive Committee meeting and the Strata Managers notification to me.

I leave you to form your own opinions of this dysfunctional EC and Strata Manager!

 

[Author]

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