[OMG]

Sorry, Whale, I just saw your reply: “If your Plan is entirely residential then audits of neither is legally required.” Our plan IS entirely residential. However the crux of my concern is the WH&S risk which I know exists. As I said, my fear is if it isn’t attended to, and an incident happens, the insurance company won’t pay up. So my thinking is that a letter of some sort should be sent to the Committee members that spurs them to action — a very firm letter, because I can’t see anything else doing it.

[OMG]

Thanks for replies so far.

It’s an investment flat, and I don’t live in NSW so don’t attend meetings. But neither do the other owners! So interest is low to zero. The only owners who seem to attend are the two Committee members. I send proxy votes in favour of the audits, but they don’t carry.

I’m confused as to what should be my next move. What would you suggest? A firm legal letter to the Committee members? If so, saying what? I’m really at sea here. Should I seek legal advice from a strata lawyer? Or a civil lawyer? It’s been three years of sending in proxy votes and getting nowhere, and I’m fed up and stressed.

[OMG]

Here’s what you do Oasis: you have zero tolerance for selfishness in communal living.

The laws and penalties with regard to noise haven’t caught up: they’re utterly weak, and if you go the softly-softly approach the noise will continue because – just look at how many people put their feet on seats on public transport these days – a new generation is completely self-absorbed (and half deaf due to iPods), months of trying to live with it and make suggestions to the perpetrators will pass, and you’ll only be further pushed into greater stress. Believe me, I know. I shared a party wall with a group of backpackers: top-o-the-mornin’ charming when sober during the week, binge-drunk hell on two legs on the weekend. I was pushed to a nervous breakdown by their parties which began at midnight on Fridays. I would ring and ring the police, but being weekend nights, they never turned up for a noise issue. So the system is broken. Emailed the owners of the unit: never received replies – so the selfishness wasn’t just the tenants. I then did the mediation thing through the OC: owner dismissed my complaints as just ‘young people having a reasonable good time’. All this took months to arrange. Finally went to state tribunal which is what I should have done in first place. Owners really REALLY made it clear by body language that they resented having to stump up to the city on a weekday morning, taking valuable time out of their precious day to listen to this, to them, piffling issue. The tribunals are an exercise in disappointment: few walk away happy with their outcomes, but the fact that people have to present themselves and are held to account, amounts to something. Resenting the hassle, the owners finally got new tenants who have been the soul of thoughtfulness and quiet. So, dear Oasis: I wouldn’t waste one moment more trying to be reasonable with those who are unreasonable and selfish: get your form into your state tribunal asap for a hearing. 

Oh, and did I suggest the penalties for noise of this sort need to be dramatically increased? They need to be made utterly onerous! Because the hip pocket is the only thing that hits home. People who do such behaviour in the first place have zero empathy and consideration for others. Do you really think you can knock on their door repeatedly and school them? One notification, and that’s it. If the behaviour repeats, you know they need their arm legally twisted. Go to it.

[Author]

Replies