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The cost does not form part of the levies, it is a separate debt. Therefore the OC should pursue it as a separate matter.
The OP says that the owner agreed to the works but it’s not clear whether it was in writing. Even if it wasn’t, if an owner has agreed to it verbally there shouldn’t be a problem. Note that an OC may have to undertake works or repairs that are the responsibility of a lot, the OC has the right to pass on the cost of those works/repairs to the owner.
So if I were the OC in this situation I would send a letter of demand to the owner, and state that if it is not paid then the OC will commence debt recovery proceedings.
The cost does not form part of the levies, it is a separate debt. Therefore the OC should pursue it as a separate matter.
The OP says that the owner agreed to the works but it’s not clear whether it was in writing. Even if it wasn’t, if an owner has agreed to it verbally there shouldn’t be a problem. Note that an OC may have to undertake works or repairs that are the responsibility of a lot, the OC has the right to pass on the cost of those works/repairs to the owner.
So if I were the OC in this situation I would send a letter of demand to the owner, and state that if it is not paid then the OC will commence debt recovery proceedings.
Yes you are entitled to know who is in arrears on their levies, and it is the manager’s job to know what the position is. Our Strata Manager always brings a report of the financial position of each of the owners to the meeting, as of that day, and then confirms who is or isn’t financial. It’s a pretty simple report to generate and saves a lot of arguments.
In terms of details of spending, we keep a running log of expenditure on significant items (i.e. over a certain amount – in one year we spent $11K just on drains) and give that to the owners as part of the meeting papers, that way they know further details of where the money is going. This is a continuous log so it goes back for a number of years, it’s useful in that way because you have an idea of what work has been done and how much it has cost.
The OP has my sympathy, there are a lot of unnecessarily highly scented laundry products on the market – the thing is, those smells are created with chemicals, and they don’t do a thing for your laundry. I have one neighbour who uses them, and I try to steer clear when I come up the stairs and his dryer is blasting out chemical laden fumes. Any exposure and my eyes and sinuses swell up, and I am in pain for quite some time.
So I agree with Jimmy, the OP has a right to reasonable enjoyment of their property, and I don’t think they’re being a snowflake, this is more common than people realise.
It has nothing to do with exchange of contracts, ownership transfers when the transfer is lodged with the Titles Office and the new owner is put on the title. For so long as the current owner is on the title they are the owner – it is that simple. You don’t have to worry about the acquisition date, the relevant date for your purposes is when title transfers.
The new owner then has to notify the strata scheme to have their name put on the roll, which is an extra step. We had one owner who had inherited their property, but their solicitor had not lodged that notification so they weren’t able to vote because they weren’t on the roll.
CGT and transfer duty are also irrelevant, however note in the latter case when title transfers that is when you pay the duty, so the two go together.
In terms of the Committee member they have every right to be on the Committee until title transfers, because they are still the owner. If levies have fallen due, if the levies are not paid then it is not until after the due date that the Committee member can’t vote.
Lady Penelope your change entailed changing a plumbed area to another plumbed area.
In this case, if the kitchen is being moved, then you would assume that plumbing (including most likely gas) and electrics will have to be installed. From what NL has said, there is no swapping of wet areas here.
I think you may have missed my point, if you relocate a kitchen or bathroom, those rooms are exempt from the usual rules applying to floor coverings and sound insulation. If you are the hapless person underneath a relocated kitchen (or bathroom) you are going to be subjected to much greater sound levels, and there is nothing you can do about it.
It is peculiar. There can be serious issues arising from moving a kitchen. There is a reason why kitchens and bathrooms are located in the same place in a block, aside from anything else how would you like a kitchen over your bedroom or living room? We had an owner who wanted to put a toilet in what is essentially a pantry at the entrance to his apartment, we said no for a variety of reasons including the plumbing, the space being too small, and not wanting a toilet directly adjacent to the foyer,
They definitely need Council approval, and they may not get it, depending on the size and configuration of the apartment.
I don’t think there is anything wrong with the owners refusing approval, provided they have reasonable grounds to do so. The water usage reason might be a bit thin, but certainly relocation of the kitchen is a valid concern, loss of amenity for other owners etc. Use of clothesline and lift is also a bit of a stretch. I am sure you can come up with better reasons than that.
Topsheila if you are not giving notice of proposed decisions being made by written resolution, you are in breach of the Act. Schedule 2 requires that notice be given to all owners, whether the meeting is in person or in writing, refer subclause 9(2) and clause 5 of Schedule 2.
Making a decision in writing is not a loophole. If notice is not given a decision may not be valid.
The owner has damaged/modified common property without authorisation and stolen common property. If you don’t stop him he will just keep doing it. I wouldn’t bother asking him politely, I would send him a very clear letter demanding return of the lock and advising that the additional expenses will be charged to his lot.
I’m not sure what your question is but the resident (owner?) shouldn’t have done that. Just get the locksmith to remove it and replace with the compliant lock, and tell the resident to leave common property alone.
You need to obtain a sewer diagram showing the exact location of your sewer pipes, that way you know what is and isn’t yours, and also where the pipes are (very handy).
You can buy the diagram on Infotrack online, it’s not that expensive.
There is nothing preventing owners from paying levies in advance, and if an expense then arises the OC using the funds available to meet that expense. Where an owner pays in advance, the strata records will show that – for example if you pay a year in advance your levy notice should show:
– levies payable for that quarter
– amount paid by the owner to date
– amount if any payable by the due date – where paid in advance it will show nilYou may not need to strike a special levy, it depends on the circumstances. The thing is, if the expense has been incurred then you can’t reverse it – note that you can’t enter into a contract unless you have the funds to pay for it at that time.
More generally – if a strata scheme has funds that are so low that they cannot proceed with a maintenance item such as tree removal (which is not that expensive) then I suggest it is not setting the budget appropriately, and the levies are too low. What are you going to do if something really serious arises? Basically I am repeating what Sir Humphrey has said – you need to plan for both known and unknown expenses – we have done this for a long time now, and it has seen us through some major issues including replacement of the hot water system and major work on the sewer pipes.
I do a lot of work in our scheme on things like the courtyard garden, which includes providing plants and whole days hauling around bags of potting mix. I don’t expect any payment for it. If the owners want to do it, fine, but they shouldn’t be paid for it. In this case the nature strip isn’t even part of the common property and there is no way it would cost $300 to fuel and service a lawn mower for a year.
Note that in NSW payments of this type to committee members have to be approved retrospectively, i.e. for the previous period, section 46, and it has to be approved in a general meeting. I’m not sure if these residents are also committee members?
46 Payment of officers of owners corporation
An owners corporation may pay to a person who is an officer of the owners corporation or another member of the strata committee of the owners corporation an amount determined by the owners corporation at an annual general meeting in recognition of services performed by the person for the owners corporation in the period since the last annual general meeting.
Apply for an urgent (interim) order for access under section 231, given the circumstances I am pretty sure you will get it.
Payment of a bond to protect the OC in the event of damage to the common property as a prerequisite for an owner to commence renovations is not prohibited under the Act. It has nothing to do with a debt, it is a form of insurance. Note that if done properly the money would be held in trust, i.e. it does not form part of the OC funds, and if no damage occurs then the owner gets the money back.
Payment of a bond occurs in a range of scenarios and does not constitute not unjust enrichment.