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Section 122 provides that the OC has the power to enter a lot to carry out works it is required or authorised to do under the Act.
You might not wish the works to proceed, but the OC has a duty to maintain and repair the common property. Look at it this way, if you had a moisture issue in your property wouldn’t you want it fixed?
Presuming there is no other way of fixing the problem, this leaves the matter of disruption in your space for 3 weeks and what you say is cosmetic damage to your courtyard. Disruption for 3 weeks is not major. As for the cosmetic damage, it would be reasonable for you to require the OC to make good the area, and section 122(6) provides that the OC is liable for any damage to a lot caused by it carrying out works under the section, unless they were obstructed or hindered. So I suggest that you reach an agreement with the OC regarding what they will do to fix your courtyard once the works have been done.
The provisions you quote deal with service of documents, which may be to owners, occupiers, or someone else.
Section 178 deals specifically with the strata roll and what must be recorded on it. Section 178(1) states that certain information must be recorded in the strata roll.
The two are separate, albeit related matters.
Section 178(b) provides that an address for service of notices must be given, this can be an email address.
Section 178(c) provides that a postal address must be recorded on the strata roll, and an email address if not already provided for service of notices.
So – no, the Act provides that a postal address must be included on the strata roll, as well as an email address. The owner can’t ask for the postal address to be removed.
6 months is far too long – if there were a legitimate claim, they should have notified you at the time or shortly after. The removalists would have the same position.
It’s section 147 – 147(6) provides that the penalty is payable to the OC.
http://classic.austlii.edu.au/au/legis/nsw/consol_act/ssma2015242/s147.html
Plumbing is not fixtures and fittings.
Fixtures and fittings are things like light fittings, taps, carpets etc. Not sure why you would have a by-law for those.
From the information given it seems that the hot water system is a common property issue. If the plumber has advised he can fix it and the OC has refused, this is appalling, someone could get seriously hurt and the OC could be held liable.
We installed a new hot water system not long ago, with tempering valves going into each lot, which we didn’t have before due to the age of the building. I don’t think a valve would fix this.
Miranda – a landlord can’t consent to an animal being kept if the strata scheme’s rules don’t allow it. The legislation you refer to does not override that.
Oops have corrected it. In an apartment you are required to have an alarm in every corridor or hallway associated with a bedroom.
You are only required to have sprinkler systems if the building is over 25 metres in height.
One smoke alarm in a lot will comply usually.
There are no laws or regulations governing the time one can take a shower in an apartment.
I take it they are disturbing you, in which case the issue is why? Is the plumbing defective? Is the building not sufficiently insulated?
My kitchen window and backdoor are directly in the path of not one, but two barbecues downstairs, plus the barbecue right next door. Believe me, the combined effect of all three on a summer night is really something.
Start a dialogue with the OC about your issue and see what they say about a trainee assistance dog.
Visiting dogs is a different matter.
Sorry – this is getting silly. The by-law says you can’t keep an animal. You apply the ordinary meaning of the word.
If you have an animal residing at the property, either temporarily or permanently, you are breaching the by-law.
Jimmy has given the solution, you can waste a lot of time and effort splitting hairs, and putting the other owners offside. Or you can take the route suggested by Jimmy which, if the situation is as you say, is likely to be successful.
No wriggle room on that one, it prohibits the keeping of animals other than the legislative exceptions such as assistance animals.