Forum Replies Created
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Replies
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Ziggy – if the works to the roof were paid for with OC money, it is pretty safe to assume the roof (including the pebbles) is common property.
You propose to change the configuration of your apartment, this used to be in the category of work that requires Council approval. However you can now get approval as a complying development, if you meet the criteria.
Boronia’s right, check with the Council. Just call them and ask to speak to someone in the planning area.
Unless the roof forms part of a lot (unlikely), the pebbles and related items are the OC’s responsibility.
Put another way – who else would be responsible for them?
I think the threshold issue is installing a security camera on what I assume is common property. To do that, or install anything on common property, you would need to get the permission of the Owners Corporation.
Perhaps you should approach the Committee and raise concerns about the damage to your car, and take it from there?
This is not legal advice, I think people often misunderstand the parameters of defamation, and how it works.
As an example – you cannot defame a company.
I don’t know if you are being vexatious or not, but in the general scheme of things, does it matter? Do you think the general public is accessing the information? All sorts of things are stated in defence responses, and the word vexatious is very common. The key thing is if any ruling is in your favour.
Yes it is the OC’s responsibility, it doesn’t belong to anyone else.
Why don’t you ask the SM to get a contractor out, it doesn’t have to be Testra.
I think you’re best placed to answer that – you have indicated the OC hasn’t shown any interest previously. Have you called the strata manager?
You have to consider how important you believe this is. I stuck my neck out and pursued a matter a number of years ago – it made me very unpopular at the time, but I believed the issue was more important than what random people thought of me.
Please don’t wait, the owner is appropriating property that doesn’t belong to them for their own use. They are also changing/damaging common property.
It sounds like the OC is useless so make an application for an urgent order to stop them and require them to restore the common property.
http://www.ncat.nsw.gov.au/Documents/ccd_form_strata_interim_orders_application.pdf
I think this is the second time I have suggested this in a week, I don’t think it is me, I can’t believe what people think they can get away with.
Well then the by-law seems to give you an exclusive use right to the common property, provided the area is used for parking. It currently isn’t being used for parking and can’t be used for parking, so on the face of the by-law you don’t have a right of exclusive use.
What is unclear is how the area came to be converted to a courtyard, and what was agreed by the lot owners at that time. You say that it was converted and the gate installed by the Lot 2 owner and the previous owner of your lot – what was agreed by the two of them when that occurred? Are there any records? What was represented to you by the owner of the property when you bought it?
Refer to the link below that sets out the law. If someone, anyone, wishes to record a strata meeting, they must obtain the consent of all the participants. If anyone objects (as you note), they cannot record it. If they continue they are breaking the law, and the Chair should ask them to leave.
https://muellers.com.au///2017/wp-content/uploads/2016/04/Recording-Strata-Meetings.pdf
If they have drilled into the slab and ripped a hole in your ceiling they are doing unauthorised works affecting common property and must stop immediately.
I suggest you contact the strata manager and tell him/her, and that you insist they be told they must cease. If you get no joy, contact Fair Trading about getting an urgent order.
http://www.ncat.nsw.gov.au/Documents/ccd_form_strata_interim_orders_application.pdf
That’s partly true – if you want to add a balcony, then it would be at your expense. Why should the OC pay for it?
So what you would have to do is seek OC approval for you to add a balcony which you are paying for. If the OC gave its approval, you would need to put a special by-law in place making you responsible for the balcony. To that extent it wouldn’t be common property.
The resolution to approve that by-law would be a special resolution, i.e. 75%.
Good point – is/was the bathroom in original condition. That is, was the waterproofing the original waterproofing?
What does the exclusive use by-law say, can you post the text of it?
Strata meetings are private, they are not open to the public.