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Don’t waste your time thinking about suing them, it would cause you no end of heartache and cost money.
In relation to the bond, send them a letter of demand requiring its return within 7 days or you will take action to compel them to do so.
I am also baffled/fascinated as to how someone can purchase part (or all of a lot entitlement). Even if they bought part of someone’s lot it would have to be reallocated, the entitlement goes with the lot.
Even if this had been done properly (and I very much doubt it), if worse came to worse you could seek an order to go ahead with what you want to do. An owner can’t blackmail other owners.
As a matter of general law, no they cannot be changed once they have been approved.
The time to raise any issues is at the next meeting, that opportunity has gone.
Yes they can send a letter about you without telling you.
You can always ask for a copy of it. You’re an owner, you’re entitled to see it.
They may try and claim privilege or something like that, but a letter like that doesn’t fall within that category. (unless it contains legal advice, and I doubt it)
What was the proposed resolution in the notice of meeting?
There must have been one to vote on – it can be amended at the meeting, provided the substance doesn’t change.
It depends on what the resolution said, the resolution should usually state when the levy is to be due and payable.
Can you provide us with the contents of the resolution?
The strata manager shouldn’t be telling you when the levy should be raised, if the work needs to be done, it needs to be done. Is the strata manager close to the dissenting owner? (not beyond the realms of possibility if he is the former Chairman)
Perhaps you need to make it clear to the strata manager that the wishes of one owner don’t govern how things are to be progressed.
Yes – I agree. The gardener has made a personal apology, what more does she want?
If the Committee member made a formal complaint, the EC would then be noting it, and the fact that an apology had been made. To what end?
As the saying goes – build a bridge and get over it.
You can’t force someone to sell you something (unless you are the Government)
If you and the other owners enjoy the land and the lovely view, which you are entitled to do as it belongs to all of you, then that is great. You are under no obligation to agree to sell common property to someone, or grant them exclusive use (refer below).
If the new owner wanted to buy the common property this would require a 100% resolution in favour by the owners.
If the new owner wanted exclusive use then that would require a special resolution of the owners, i.e. 75%.
This doesn’t include all the other legalese/paperwork etc. that would need to be done.
So if the new owner says they won’t move in until they get a slice of the common property, that’s fine!
Oh absolutely – in the case of that real estate agent, he received a phone call telling him that if he continued in that vein, including the remarks about embezzlement, he would find himself in a very difficult position.
They should be ashamed of themselves.
It’s funny – our levies are pretty high, we put them up a few years ago to make provision for a lot of work that needs to be done, and we have been spending the money on a number of those works – we don’t have a huge balance in the sinking fund although it is not small (we have quite a bit more work to do). This included one project that cost about $140K. We also raised a special levy that was relatively low to fund that project.
Two apartments in our scheme sold this year and a real estate agent suggested to one of the owners that our levies were putting people off, because the levies at other blocks were lower. He even suggested that someone might be embezzling the funds. Now obviously they don’t live here, but all you need to do is look around to see that work needs to be done. And if you look at the records you can see the work that has been completed. You can’t compare other blocks because they are completely different.
If I were looking at buying an apartment, I would rather the OC were budgeting appropriately, rather than keeping their fingers crossed and then hitting everyone with a special levy. But that is not how everyone sees it.
I don’t know anything about air conditioning/heating, but it is a bit hard to say whether your inkling is correct, without knowing what is wrong with the system.
As a start – have you made any enquiries with the building manager as follows:
– what is wrong with the heating tower – is it a repair or replacement job? (you say it is a repair but there may be a component that is being replaced)
– what are they doing/what steps are they taking to fix it?
– what is the estimated time period to effect the repair?
– does the strata scheme have the money to fix it?
I suggest only then will you have any basis on which you can form a conclusion.
I lived in a block of flats where the hot water system went kaput in the middle of winter. They had to make a new tank, and we went for nearly a month with no hot water…
1. Rent Increase
You must be given 60 days written notice of a rent increase. The notice must state from when the increase applies, and the increased rent. (note it can’t be retrospective.
If you don’t get written notice, or the notice isn’t given in writing, you don’t have to pay the increased rent and should continue to pay your current rent.
If the landlord wants to increase rent they have to serve you with a proper written notice. If they did not serve you with proper notice in relation to the last rent increase, then it doesn’t apply, and you should not have paid the increased rent. If you did pay the extra money, then they owe you that additional money you paid. I suggest you contact them with the calculations and advise them of any adjustments due to you on vacation of the property. If they muck you around, contact Fair Trading. (do not deduct it from any rent due)
https://www.tenants.org.au/factsheet-04-rent-increases
2. Access to the property
Re them trying to get in while you were there, I would have just opened the door and challenged them. Attempting to access your rental property with no notice is trespass (in the absence of an emergency).
https://www.tenants.org.au/factsheet-08-access-and-privacy
The agent can show the property to prospective tenants in the 14 days prior to you leaving, a reasonable number of times, provided they give you reasonable notice. So they can’t just turn up and expect to have access. What constitutes reasonable can vary, but in terms of notice I would say at least 24 hours. I would contact the agent (in writing) and say:
I note that you may intend to show the property to prospective tenants during the last 14 days of my tenancy. As you know, reasonable notice of entry must be given, therefore I expect you to provide me with at least 24 hours notice of any intended access to the property in order to show it to prospective tenants. I also note that any access by you without notice and/or outside of a valid purpose is not permitted. Thank you for your co-operation.
Yes – those expenses would be attributable to the sinking fund.
I wouldn’t wait until the noise stops – yell out encouragement while it is still going.
Yes you can, but you have to strike a levy to put the money back within 3 months, so the effect is the same. Refer sections 68 and 71.
There is no mandated level for a sinking fund, you just have to have one, but note the requirement to have a sinking fund plan.