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Flathead,
It would be good to understand if you are on the ec or not and whether you want the ec members vacated their position of office??It takes a special resolution at a general meeting to ‘sack’ the ec or individual members.
It really all comes down to, “do you want to be a part of this community or not” as the next steps will involve conflict with those people who are your neighbors.
If the bollard is completely within you car space and the car space is part of your lot, the question must be asked, ‘what is anyone else doing walking across your car space?’
This should be considered no different to someone walking through your lounge room and hurting themselves. Unless there is a right of footway (easement) registered over your lot, then this is trespass. Even still, it is important to make sure you have adequate public liability insurance, covering your parking space also.
If you have an exclusive use by-law passed and registered to permit the installation, and this was correctly passed at a general meeting, then you would be somwhat protected from being required to remove the bollard.
However it is still possible for an owner to make an application to OFT to seek mediation and then possibly an order for the removal of the bollard.
A good OC will engage a project manager to oversee the works, they will assist in communicating what is occurring and when and making sure it all runs smoothly.
If a window replacement was going to require residents to move out then the project would be unaffordable.
For those who haven’t experienced the process I strongly suggest jumping on the Windowline website and viewing the Project Virtual Tour.
Isn’t it better to discourage freeloaders and encourage enhancing the standards of the strata’s in our cities?
Urban Spaceman,
I suggest you need to call Workcover in this instance instead of OFT as they are the enforcers of the OH&S legislation.It is understood that they are able to issue fines starting at $100k.
OH&S reports create more work for a strata manager/ec, unless you have a really up to date and well maintained building, which is the last thing that a strata manager wants.
If an SM is getting any commission, than this should be disclosed and be propotionate to the work that may be involved, but it would be highly unlikely for a SM to be receiving any form of undisclosed commission.
Totally agree Jimmy, I am sure that there are several good quality Strata Managers that would be more than happy to help with what is needed.
Firstly I suggest finding out a little more about the window replacement project, as I suggest that if this is being done by a reputable company your apartment will be completely habitable.
It would be extremely unlikely that they would leave an apartment open to the elements for any period of time and definitely not in such a way that you would be unable to live in the apartment.
There should be no reason to seek a reimbursement on rent, though if you are considering this approach, be ready for a rental increase as soon as the project is complete!
Jimmy,
It would be good to clarify does your legal eagle friend wish to advise why the OC's workers comp policy would extend to someone that works from home?? (See JimmyT's grovelling retraction below)I may have misunderstood, but it was my understanding that workers comp insurance is for employees of the owners corporation?? It would be good to clarify this point.
I would have thought it would be the public liability insurance that would cover an owner/occupier that works within a strata, otherwise those commercial strata schemes are significantly under insured for workers comp.
Hi Jimmy & Billen Ben,
I suggest it may be prudent to have a chat to a reputable insurance broker in relation to what insurances an OC is required to have.
I do note under the SSMA it doesn’t require an OC to have workers comp insurance, but insurances required under the Workers Compensation Act. There have been several recent changes to this legislation which in effect means that if the OC is not employing sole traders,they do not need to have WC insurance… It gets a bit more complicated than this… But something to look at.
Yes the OC only needs to consider at the AGM whether to obtain a valuation and whether to take out additional insurances under s88(2). You do not need to make any further decisions on insurances at the AGM
Hi Jimmy,
Just a suggestion, but maybe if some of the legislation was changed so that the process of enforcing the by-laws/act didn’t cost the OC so much would be a good move? Maybe structuring it so that the OC were able to pocket a portion of any fines issued or get an order for costs??
The people doing things right shouldn’t be burdened with the costs of those that want to spoil it!
Also, maybe, just maybe the OFT could provide information events for strata owners/purchaser’s? a lot of the issues in strata is that owners don’t understand what they have purchased/own
Hi Indigo,
In the first instance it may be worthwhile attending the strata manager’s office to attempt to talk through the issues and pick up copies of the important documents (strata roll).
You may wish to check if your strata manager is a member of ISTM (institute of strata title management) or Strata Community Australia and if there is any known issues with your strata manager.The answer in relation to getting the records in the worst case situation is contained in section 105 of the SSMA
Hope this helps
Depending on the wording of the by-laws for the particular strata scheme, residents may be able to obtain written permission to park on common property, but it would be best to set some particular conditions or limitations to this, otherwise the common area driveway will soon replicate a used car sale yard… Never a good look in relation to property value.
A letter to the miscreants advising them of the error of their ways will ordinarily assist substantially, copying the owner and leasing agent if it is a tenant will also help.
Jimmy, keep in mind that strata manager’s can not issue a s45 notice autonomously unless there is a specifiic delegation to do so in their agency agreement, most will be very comfortable to do so if the EC have resolved to issue this at a committee meeting.
Even after issuing a NTC the OC may benefit from going to mediation and then seeking an order.
ElevenSeven
Unfortunately you are not able to simply raise matters at the AGM unless there is a motion included on the agenda to consider these matters.You may wish to put to the EC/OC the matter of “what is the market value of the roof space” or what consideration has been offered by the top floor apartment owner to the OC in exchange for the right to occupy this part of common property??
It’s worth asking the question.
MalmoSweden,
I suggest a quick call to the Police Assistance line 131444 with the details of the abandoned vehicle would assist in this matter. There are some issues with having an abandoned car towed but your local Police should be able to guide the OC through this process.Though it is important to clarify where in the car park is the abandoned car parked?
If the car is within an owner’s lot than there is little that the OC can do about this. The owner (if the car is not their’s) should be also able to contact the Police with respect to having the car removed as this is a matter of trespass.
Purchaser’s should be aware that they are able to search the records of an OC themself. A good strata searcher knows the things to look for in the records, but will not know what is important to you as a purchaser unless you tell them.
There are some buildings that may be suited to being pet friendly and there are others where it would make no sense at all, and after all Strata is ‘the simplest form of democracy’.
Take for example the building that had a single lift and there was a resident on level 2 with a tiled floor, who had installed a floor to ceiling fish tank and was keeping a rotweiler. The majority of residents were over 55 and did not appreciate the over friendly large dog coming bounding out of the lift while they were waiting in the main entry foyer, let alone the poor owner below that had the pleasure of listening to the barking, thumping and scratching of the dog upstairs.
It is important for a community to have standards suitable for the community and uphold those standards for the majority.
Could it be suggested that in the instance posted above Lyn should request a motion be included on the agenda of the next general meeting or seek to convene a general meeting to change the by-law to what may best suite the community?