[OverIt]

I just sold my screen door on a local Facebook page buy/sell&swap. Maybe remove your own door and sell it, might make $10 to $40 per screen door, on selling the ones In good condition… 

[OverIt]

Update: the x Strata Manager, has confirmed all items have now been on forwarded to New Strata Manager excluding Original Certificate of Title and Minute book. The stated they are not in possession of such, and last time they had these items is when the other Lot Owners came and inspected the files, these items where taken from the strata managers office.

I have sent and email giving the other lot owners 21 days to sort it out with the x Strata manager and return the minute book to the Owners Corporation, after that I will escalate the issue.  

Hoping someone could be kind enough to assist, I have a strata lawyer assisting me with other issues would this be something I need to refer or can I deal with this on my own. 

Thanks in advance. 

[OverIt]

This was suppose to be added to the professional thread and somehow ended up in the rental rants, if someone in admin could please transfer to correct thread please. TY in advance. 

[OverIt]

Is it worth the fight? Janet you say the repairs are in excess of 10k? So sometimes we need to take a step back and bite the bullet! Fix what has to be fix and get on with it! Yes it might not be right, but in the long run is the cheapest and most effective way! 

[OverIt]

Thanks everyone, I do not want to replace the bathroom. We are selling (aka over it), all I want is an agreed amount for repairs (water proofing $5k, already raised during our last compulsory appointment), in sinking fund, so any potential buyers are aware what needs to occur (i.e. New bathroom) and $$$ so much is allocated in the sinking fund for such…. unfortuantly and fortunately Jimmy you are right. checked strata plan, all tiles etc are common property….. 

 

[OverIt]

1. As the successful applicant, can I do this?

Yes you can.

2. Do I have to go through the mediation process again?.  We are unable to be in the same room together and our previous mediations have been in separate rooms.

s.162 doesn’t require the mediation process.

3. Given the slowness of applications in the CTTT and probably the new NCAT how long before the expiration of the current SM’s compulsory appointment should I put in my application?

Situation’s could change, I will be applying for 12 months on the scheme I live in, and two months before expiry requesting another 12 months extension. It seems to me you have enough evidence that warrants a s.162.

The reason I say situations change, you might want to sell and need clean books, or the other owner sells, and you have a period with the new owners that works.

 

 

 

 

[OverIt]

Verago, a tail to similar, my unit entitlements are less than 50%, we have applied for 2 x compulsory strata managers and where successful each time and about to if things don’t start happening in the next couple weeks, apply for another. 

 

yes it’s a very unpleasant relationship, can’t say much more about it other than OverIt… 

[OverIt]

Hi Tony, 

 

Why why don’t you approach this from Planning NSW instead of the council. A building certifier would only cost a couple of 100 to write you a page report stating that the shutters are exempt development under Planning NSW. 

 

Planning NSW was brought in to uniform the councils and remove petty items such as this out of the council hands, to free them up to deal with real issues. https://www.planning.nsw.gov.au/exemptdevelopment.

 

Put this report to council, ask them to confirm they will take no action as the item is exempt under NSW planning and go from there. 

 

Had a simular item happen to us, but was a neighbour that reported the OC, we appointed a building certified who confirmed its exempt and put it to Council and they backed down from their requirements. 

 

Good luck.

[OverIt]

Duplexes should be banned in my opinion, by-laws can limit pet size etc but duplexes will never work as owners are always emotional over their own asset. maybe in this case orders should have been enforced….

 

cant say I am surprised being a duplex owner myself.

[OverIt]

interesting topic, one of the units I own is in a building of 30, we have paid the council. They pull up in their truck take the bins out of the bay empty them and put them back in. Why doesn’t someone contact the council, to obtain a quote for this service. 

[OverIt]

Thanks DavidB and Jimmy…. I will find out by obtaining a copy of the contract what it exactly entailed…. Then go from there…. Jimmy I would love to been able to call the Strata Manager and discuss with him, but he most likely will hit the Owners Corporation with Schedule B frees for the phone call…. Last 2 months $1,100 of not quite sure why Schedule B fees…. As we again haven’t approved any work for them to be carried out that would contain schedule B fees…. I did a big Audit of the finances and they just do not sit right with me…

 

I come back once I understand the terms and conditions of the contract in place. 

[OverIt]

Thanks you whale spot on, only I haven’t lodged anything at this stage just anticipating what is going to happen, from what has occurred trying to attempt to mediate again. And at this stage who knows if mediation is going ahead or not, and who cares, I am tired of trying to resolve, I think a permanent (I know this can’t be done) compulsory strata manager is the only resolution, the next application won’t be the last And defiantly not the first…. 

Jimmy T, I have had many applications and been successful at them all, but 2 and both of them were interim orders (almost impossible to get from my experience), so any tips would be appreciated.

 

 

[OverIt]

Thank you will check the contract but I believe no that those duties are not delegated. 

[OverIt]

Thank you very much again for your reply….

@kiwipaul said:
yes a SM can put a motion to the AGM

In our complex most of the motions are from the SM, Admin fund, sinking fund, approval of last years agenda, etc.

But why is the SM putting a motion to terminate their services, all he has to do is give notice that his service is not going to be renewed when current contract expires or he gives the required notice.

 

[OverIt]

Long story but in a nutshell some Owners want them gone as they have done wrong by the Owners Corporation but the majority wants to keep them as the wrong doing favored the majority.

 

I suppose they are trying to prove a point that they win, and the minority are going to be in trouble moving forward. 

 

The minority are in the process of convincing the majority it would be in the best interest to remove them as Strata Managers, we will see how we go.

[Author]

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