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Generally there is no by-law that would be needed to enforce this, and the EC is within their rights to stop for sale/for lease signs being erected.
There are two reasons that spring to mind even if you have only the model by-laws.
Firstly, the signs would be affixed to common property, either screwed to the wall or by posts into the ground. That is of course a no-no when dealing with common property as damage inevitably occurs.
Secondly, a for sale/for lease sign, even if it is entirely on the lot owners property (which I doubt) is highly visible from the street and is not in keeping with the strata scheme.
If all/majority of the owners in your scheme seriously want to add signs all over the building then you would want to pass a by-law and it should specify the location, suggested size, maximum size, method of fixing, who is responsible to make good damage to common property and length of time it could be placed before being removed.
From what you describe, I think I know the type of setup you have: there is a coach light (or similar) next to your door and you have the switch inside your unit. This light next to your door supplements lighting in an external, communal walkway.
That external walkway would have its own lighting and is probably roof mounted – it would be completely unsafe if individual unit owners had to light the common area – these roof mounted ‘common lights’ would be controlled centrally.
Therefore, the door light and the globe is your responsibility.
It is unlikely you will get compensation, and the sad reality is, all builders and strata managers will tell you that planter boxes will fail, cause damp etc, and push for their removal. The EC also need to maintain the building, and getting the builder to pay for it is certainly sound financial sense. Also, there is no way of satisfactorily fixing inbuilt planter boxes without removing the contents.
For your predicament: are these trees visible to other areas of the building (especially common areas)?
If so, then you can argue that the amenity of this has a material value on the price of all the units which will be difficult to replace. The usual number bandied about by real estate agents is that mature, healthy plantings add approximately $5K to the sale price; this may or may not translate to $5K per unit, but it is a start.
As you say the builders warranty is almost up, the trees would have been in situ for 7 years, and, assuming they were purchased as semi-advanced specimens are probably no more than 10 years old. In other words, what you are about to loose cannot be replaced in under a decade.
There is good news: as the trees have always been in a planter box, they can be relatively easily transplanted. It is also autumn, which is the prefect time to move large plants. Having explained the value of the trees to your EC and the other owners, I would ask the EC to get an professional arborist in ahead of the builder to prune the roots and prepare the trees for transplant. Then, get the EC to build a new non-permanent planter box over the newly sealed, tiled area, and that will go some way to solving your issues.
If the EC don’t agree to this, then you will need to drum support up within your building to get the OC to force the issue.
Hi Chak
I believe in almost every instance the reponsibility to have a working fire alarm is with the individual owner. Most strata schemes enforce an annual inspection to ensure this is the case.
With regard to the deadlocks: yes, you can install a deadlock, but there are certain types that the fire safety companies state breach fire regulations (barrel locks and those that need keys to open/close spring to mind). Your EC may have details from previous inspections, or you could get in contact with the company that does your annual fire inspections as to which deadlocks are recommended. Also, bear in mind that fire safety laws are retrospective for units, so just because a deadlock was up to code in, say 2003, doesn’t mean that this is still the case.
At the very least your SM should be providing any member of the OC a copy of your balances (sinking and admin). If not on request, then at least at the AGM, you have an absolute right to know the state of the buildings’ finances.
Levies can be raised by approval 75% at a general meeting. If the OC vote against the special levy, then depending on the problem, the strata scheme would still need to address the issue anyway, so would probably be only able to do so by applying for a loan. This may result in increased levies over a period of time, rather than a once off special levy.
Hello Dannii
If the walkway is only one metre wide and is common property, then the pot-plants unfortunately represent a tripping hazard: hence this has become a WHS issue and the OC is liable if anything happens, and the EC (particularly those who voted in favour of keeping the plants) could be personally liable under the revised laws. There are also laws about ability to egress in a fire (I assume this walkway is the only way in/out) as well Australian standards about the minimum safe width of a passageway.
Additionally, most bylaws have provisions about not storing items on common property/and or blocking access. It would seem these plants are in breach of both and can be dealt with via a notice to comply.
But, the easiest way to getting others around to a different point of view is to make it their problem from their point of view: explain to them that the OC will be liable for any injuries that occur as a result; explain that insurance premiums go up and that they may personally cop a fine or jail time or both.
If those don’t work (it sounds like your SM wouldn’t send a notice letter anyway given he advised you to vote amongst yourselves), use your EC position to raise the item at the next AGM, present your argument and get the OC to vote for it.
Good luck
Chak, I assume it was the EC who approved the dish against the OC wishes?
Generally, the EC can approve minor works – especially maintenance – (under $12K) to common property without seeking OC approval, however, a good EC will always seek to keep the OC informed and would want to act based on the wishes of the majority.
The key to the answer lies in whether the satellite dish is available for everyone in the building to connect to, or has it been installed just for one unit owner only? If the latter, then there is a serious issue as that owner is in effect using common property to his/her advantage and a bylaw would definitely be needed.
Hello Anthony
If your scheme has not made any changes to bylaws over the years and is still operating on the basic laws, then windows are considered common property and the OC is responsible: write to your Strata Manager and explain the problem and ask for it to be fixed.
However, if the windows were replaced over the years, there may well be a special bylaw which makes it the lot owners repsonsibility: you would have been given a copy of your scheme’s bylaws when you bought the flat, so the answers will all be there.
It is very simple. The tree-limbs overhanging the common property are the responsibility of the OC as they exist in your air-space (irrespective of whether the trees are growing on a neighbour’s grounds).
Therefore, if you wish to remove those limbs in your airspace, you may do so at your expense and offer to return the limbs to the neighbour as these are the property of your neighbour. You may not throw the limbs over the fence.
Ensure that there is no preservation order on the trees – either because of significant value or simple council tree preservation rules – or you could be fined if you lop branches. If your actions kill the tree you will be liable. I would recommend reading the Trees (Disputes Between Neighbours) Act 2006 (https://www.legislation.nsw.gov.au/sessionalview/sessional/act/2006-126.pdf)
Hi KB
According to the fair tradings' strata living brochure (https://www.fairtrading.nsw.gov.au/pdfs/About_us/Publications/ft045.pdf) which is the only thing I can find on the issue, “a person is not classified as a ‘caretaker’ if they carry out the duties of a caretaker on a voluntary or casual basis or as a member of the executive committee.”
So by definition, they cannot be both caretaker and EC member…however, the caretaker agreement must be clearly defined and this should be available on request.
A few issues to consider:
1) Make sure that there is no easement/right of way on your courtyard and that the entire courtyard is in fact your lot. This can be found by looking at the special by-laws (if any) or on the plan entitlements when you purchased the unit.
2) The OC must pay for the damage to your property (tiles and pots). I would send them the bill.
3) If it were me, I would be taking the matter to the tribunal, however, in the interim if there is no other-wise 'noted' entitlement to access your property then call the police as what you have described sounds like trespassing.
Hi KerryR
Prior to going any further, you should be 100% certain that there is no easment or other right of access for the HW service, as it seems odd that it would be located on a private entitlement.
There may be special by-laws or a provision on title that maintained the HW service as common property. Is the only means of accessing the HW service via your Lot or can it also be accessed from another entry point not on your property?
That said, I believe (and I could be wrong) that your outdoor entitlement only extends 3m above the ground – above that it is common property: you did mention that it is a raised platform, but a 3m+ platform seems quite impractical for a HW service.
Perhaps politely asking the OC to explain why the HW service sits within private property would be a good starting point. It may be that your title entitlements were changed at some point and this information will assist you to take the next steps
If the trees are not on your property, then it will be difficult to get them removed.
As living things, any and all trees can be subject to failure at a certain point in time; apart from removing branches that overhang your/the OC property (as struggler suggested), there are probably few other options left.
In order to forcibly have them removed, you would need to prove that they are rotten/under significant stress/at the end of their useful life (etc) and in danger of falling. This would involve hiring a qualified aborist. Given that they are not on your property and the neighbour does not wish to have them removed, then your chances of achieving this first step are slim.