[Marvin]

@kiwipaul said:
Assuming the garage doors face the common driveway then they are common property and the responsibility of the Strata (even the opening mechanism and motor).

Unless your strata plan document says something like “garage doors within each lot form part of the lot and are not common property”.

[Marvin]

Thanks Whale – I’d completely forgotten about that post.  

[Marvin]

In NSW, s108 permits any owner to view a copy of the strata roll, which has the names and contact details of all owners.  Familiarise yourself with s108, and then approach your strata manager.  

[that’s Section 108 of the NSW Strata Schemes Management Act … Whale – (Moderator)]

[Marvin]

If you want to get involved and help resolve the situation amicably, then you will need to dig deeper into the “noise”.  Is it people noise or mechanical noise?  When did the noise start?  What’s changed recently in the circumstances of the 2 parties?  New floorcoverings?  New children or other occupants?  Health issues (eg, dementia)?  Viagra in the water supply? Could it be vermin?  As Whale has said, getting the complainant to keep a log of events is very helpful.

Expanding on Jimmy’s comments, certain medical conditions can make people more sensitive to noise, eg, chronic pain sufferers.

[Marvin]

The agreement between your strata manager and the owners corp (a legal document) spells out the SM’s obligations.  Typically the services include sending out a number of levy notices each year.  Check the agreement.  Most likely an admin foulup on their end, which they are trying to hide by quoting “the law”.  

[Marvin]

@Greentea said:

With your own OC Marvin, with such a casual approach how do you actually know if other owners are comfortable with what the EC is doing – because they don’t know about it so how can they give you that feedback?

Most of our owners don’t really care.  At the last 2 general meetings, only the EC members showed up.  I suspect that if the other owners had grievances or concerns, they would have attended.  Common property is properly maintained.  Our financials are very healthy.  The EC members own 50% of the lots, and are very knowledgeable about construction, property maintenance, and financials.  In reality, I can understand why the other owners take little interest.

Owners have my contact details, and do contact me regularly – not just with problems, but with praise.

So we might be “casual” with respect to strict compliance with meetings, but our focus and priority is on ensuring that our common property is properly maintained, our strata manager performs, by-laws are enforced, and our financial position remains strong while keeping levies as low as possible.

[Marvin]

What’s the real problem?  Is the EC doing a bad job, or are they just not communicating properly with the other owners?  

At our property, the EC takes a pragmatic approach (some might call it “casual”).  For significant expenditure, we’ll hold a formal paper meeting.  Our owners generally feel comfortable raising issues with an EC member.  Likewise, we will communicate information of interest to all owners on a case by case basis.  Most owners don’t really care.

So, I suggest the next step is to talk to your EC chairman and share your specific concerns.  If you don’t have access to your chairperson, get your strata manager to pass the message on to them.

[Marvin]

I think Tricky New Owner is misguided at best.  He wants to make a change to common property.  There are processes for approving this, but the OC doesn’t pay for the owner’s changes – the lot owner pays.

I was told by an electrician that running a power point off a lighting circuit is illegal and dangerous.  Lighting wiring is thinner than GPO wiring.  

[Marvin]

Seems a bit heavy-handed.  Incidental use of common property power points should be tolerated (eg, vacuuming a car) in a harmonious strata environment.  I’d be suggesting that the OC should add a specific by-law preventing the use of common property power for charging electric vehicles – if that is the problem they are really trying to solve.

[Marvin]

Has anyone here managed to implement smoke free?  How difficult was it to get landlords to come on board?  And how difficult has it been to enforce?

[Marvin]

Security system – assuming it is purely for your lot, then it is the owner’s responsibility.  Doesn’t matter when it was installed.

Electrical fault – depends on where the fault is.  If the fault is in your fuse box or your lot’s wiring, then it’s your responsibility.  If it’s between the “common meter box” and your fuse box, then it’s the OC’s responsibility.  I guess you don’t exactly know where the fault is.  Discuss with the SM – if they are not prepared to engage an electrician to repair the fault, organise one yourself, and get the SM to confirm that the OC will reimburse your costs if the fault is found to be outside your lot.

Note – I’m in NSW, not sure how things work elsewhere.  I’ve found this document helpful in resolving these types of issues. 

[Marvin]

@JimmyT said:

Earlier this year NBN CEO Bill Morrow told a Senate Committee said the company would be forced to roll out fibre directly to apartments to bypass fibre to the building (FTTB) equipment that companies like TPG had already installed, as connecting FTTB equipment from two different providers was “well known” to cause interference problems.

I looked in the Senate Committee report, but couldn’t find where Bill Morrow made the “well known to cause signal interference” comment.  I believe that particular comment came from “well-known blogger and the creator of the
independent rollout tracker myNBN.info site, jxeeno”.

As an owner in a small block, it’s really hard to know which way to jump – do we accept the fibre to the basement offer that’s on the table now, or wait for an undetermined amount of time for NBN?  And when NBN arrives, will they be connecting fibre to our (small) block, or do we get fibre to the node?

[Marvin]

Concrete tiles are not porous.  A concrete tile will only leak if it is cracked.  As DaveB has suggested, Whirlpool Forums are a source of opinions on this.  I also found this document at WA Dept of Commerce.

[Marvin]

@Whale said:
Marvin – is there some reason why your E/C wants to make such investment decisions autonomously?

Just for efficiency. EC members own 50% of the units (and > 50% unit entitlement). EC members have the right skills & experience to make such decisions.

But I understand (now) that we don’t have the power to do this legally in NSW, so we’ll do it by the book.

[Marvin]

Whale – the EC is elected by the OC and has certain powers to commit OC funds on behalf of all owners.  Is there some legislative requirement covering the decision to invest OC funds?  I’m aware that the EC is limited in how much it can spend on behalf of the OC, but I would have thought that investing is different to spending.

[Author]

Replies