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Please see attached article on Bannerman’s view on how far can we go with STHL bylaws.
My interpretation is, every level of government appears to have the ability to create a regulation, which can then be nullified by each and/or every other level if they see fit, with it being not until we get to a tribunal that any sort of a precedence is created to give it validity.
Or have I got that wrong?
In this instance, I approached one of the STHL owners on the subject and they immediately removed their property from all sites as they were moving into it full-time. This brought us below the 20% nominated threshold and thus the original quotes were reinstated.
Problem solved…..for now.
During this process I became aware of a strata in our area which had indeed, created bylaws covering this insurance topic and adding an additional one requiring owners to nominate their lot as their principal place of residence in order to STHL it.
All this seems to be a perfect result but our strata manager has provided legal opinion that indicates there are problems with these bylaws and as far as is known none have been challenged to a tribunal to prove one way or the other.
Bottom line is…..there is no bottom line as yet.
I have recently had a similar (not children) issue with a unit we had in Brisbane.
Our building manager reluctantly agreed to a sound test, indicating all previous tests had resulted in success for the hard-floor owning owner and failure for the complainant. The OC had always paid for the tests $1500.
Invariably the tests passed at the required level for when the building was built but failed the more recent, and more strict, levels. And so it was with my case.
Interestingly, up until this point, about two years ago, the approval process required to lay down hard floors never appeared to be applied as, for the past 12 years of my ownership, I had never received notice of any application to do so.
About 18 months ago, as a result of changes to by-laws and the OC/Strata Manager placing more focus on the approvals process with floor-change, notices appear now every month or-so.
Also interestingly, the owner above me was able to provide a specifications sheet appearing to indicate that hard flooring had been part of the original fitout and so was judged under the less stringent requirements. Also, by-laws have been changed again to place responsibility for payment of noise testing onto the losing party in any subsequent dispute.
How does this all relate to the problem here?
1/ You can reasonably ask the above owner/tenant to place carpet/rugs down which will help the situation but if the resident is a tenant and not an owner then you will be going through this process every time there is a turn-over of tenant.
2/ Hind-sight. When purchasing any below-penthouse unit, and prior to final committment, ask to see all original and subsequent strata documentation relating to the unit above PLUS check all/any old sales photos of said unit, which in my case showed the hard flooring had been changed at some point with who-knows-what level of sound proofing and with not strata records to cover it.
How was my situation resolved?
After going through the mentioning, asking, pleading with subsequent tenants/new owners, building manager, strata manager and committee….we sold.
Problem solved.
Well TM_15,
Good luck with all of that but unfortunately, in my experience of some ten years, it ain’t gonna work.
Reason(s)?
AirBnBers don’t give rat’s a**e which bin they put things in “…’cause they’re just here for a good time”. Assuming they get the stuff that far. Which most don’t as they are only there for a few days so it stays in the apartment until……
The cleaners come along. But it’s not their job to sort things ’cause time is money.
And the bins go on Sunday night which is the day before the cleaners clean so the putrid, maggot infested food scraps which sat on the bench upstairs now sit in the bin for two weeks because you missed the cycle.
And the newest STHLs add to the mess already present.
The lot owners don’t care because they are anywhere from 2,000 to 25,000 kms away and isn’t that something the STHL enablers, …sorry…., ‘managing’ RE Agents (who have, by the way, now become serviced apartment head contractors providing linen and cleaning services) are supposed to take care of?
Well, no. Not their job either because ‘somebody in the strata’ sorts out the bins.
You can try getting the gardner to take the excess detritus to the waste facility – at cost – and on-charge the lot-owner.
But the Strata Manager won’t do that because it “….will just become a fight we won’t win…” as to whose rubbish it actually is. “….unless there is video evidence proving who did what….”, which you won’t have because people won’t agree to having cameras recording their every movement.
So yes, Jimmy, the softly-softly approach can go some way in some circumstances to providing a solution and TM_15 hasn’t mentions STHLs but again, in my experience, nobody telegraphs (is that still a thing?) their intention to STHL their unit. But they do. And you know they have when the rubbish bins tell you, especially when councils instigate changes to their collection schedules.
Now please excuse me while I go and sort out the eighteen wheely bins our six-unit complex has need to manage.
Interesting to hear others going through the same issues as I have with my manager/management entity.
All the above have been my experience over the past six years, using the same company since strata-inception (14 years), albeit with different managers, all of whom have been less than impressive.
No responses, no advice offered without arm-twisting and which if/when given has proved to be less-than correct, incorrect AGM minutes distributed, incorrect allocation of costs on the financial records, nothing followed up-on from AGM decisions and surly responses from PAs to the manager, allegedly there to (personally assist?) the manager. You name it, I have experienced it.
So what does one do?
Google the company name to find it is part of what appears to be a humongous entity. One which is approaching what could be described as a monopolistic, county(world??)-wide corporation allegedly serving strata communities wonderfully. The thing being, because you own more than one strata property, you see companies listed within which have given you the same level of (no) service and from whom your other strata have moved on to different managers, not part of this conglomerate, but who unfortunately restrict their operations to locations they can properly service. Just not in your state or town.
Similarly, using your best detective skills you navigate the numerous Contact Us forms and phone numbers of the various entities until you come up with the name, and more importantly, the phone number, of a Group Manager who promises to, and does in fact, follow up with the relevant Manager and which goes some way to resolving the current problem – yay, win – but sadly does not help with the next and all subsequent issues – boo, loss – unless you phone him again….and again…..
Spreading the load works up to the point but most folk just want a quiet, relaxing life and dealing with strata managers does not leave you quiet or relaxed.
Meanwhile, back to trench. Thanks for allowing me to vent.
P.S. – I’ve just received an email asking me to give feedback on my manager and my experiences dealing with them. Think I will just copy-and-paste from here.
Thanks Jimmy for your input here.
Our AGM was held last night and the results for both scenarios were equitable to all parties – motion redrafted at meeting, responsibility for trees agreed-to and air-con going on the balcony.
The thing is, it was only by quoting what I found here on Flat Chat and your words during the discussions that we eventually gained confirmation from our Strata Manager of what was required to tie everything down. Without the knowledge we didn’t know what questions to ask to end up with a valid and enforceable vote.
All that’s left to do now is manage the owner wanting to re-configure their balcony to enclose it and make it part of their bedroom.
Anything I need to know there?
Thanks again.
Thanks for all your responses folks. It is much appreciated.
Given our historical lack of evidentiary details I am coming to the view there is not much we can argue that a tribunal would apply favourably to our case.
CP is damaged and is the responsibility of the strata to repair. Proving how it got that way is the difficult bit.
Certainly a different tack will be taken going forward an it is disappointing that someone has to become the strata-cop diarising and photographing every thing that goes on.
Thanks again.
Great. Thanks for that Whale. I appreciate the time and knowledge you put into your many posts.
Cheers
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