[strats all]

Thank you for the replies.

Due to the urgent nature of some of the repairs I think the way to go is to document everything, have the repairs done now by the body corporate and then pursue costs.

Going by past experiences with this landlord he is not forthcoming with any payments, he is always late on his strata levy let alone these extra payments. To try and get him to fork out the money first will be a long process. I will still give him the opportunity to fix things himself first, that way he can not say he wasn’t given the opportunity at NCAT.

Thank you

[strats all]

I read that article aswell. Am I understanding this correctly, that NCAT are in effect powerless to enforce By-Laws?

When you refer to the new laws and old laws do you mean as to what by laws are registered or the new Strata legislation that was recently introduced?

It’s already hard enough to get people to follow By-Laws. I can only imagine what would happen once people start to get a wind that nothing can really be done if they dont follow By-Laws.

[strats all]

Having been to NCAT a number of times this year I found that it really is dependant on the member sitting on the day. Although in theory you are supposed to have handed in your evidence to the other party and NCAT beforehand you may still be allowed to enter new evidence on the day if the member allows it.

Further to this I saw an application with a number of outstanding invoices that were unpaid mostly thrown out because the member decided that each invoice needed its own application even though it was for the same job. The member only decided on one invoice and then asked for a new application for the remaining 2 invoices.

[strats all]

I thought you didnt have to elect these positions. I know on some committees I have been on we have not elected any and just delegated the roles to the Stata Manager.

What happens in instances whereby no one volunteers for the role?

[strats all]

Thank you for all your contributions.

Apart from the issue of the aircon and hot water tanks we also need to review our by-laws. Sounds like it may be a little bit out of my depth at the moment so I think I will just consult a lawyer to help with the new by-laws.

[strats all]

Thanks for getting back to me Scotlandx.

@scotlandx said:
Are you saying that you want to provide that the hot water tank and air conditioner units that have been installed without approval are ok?

The question then is – do you want to persuade the owners of the relevant lots responsible for those items going forward?  This would require a special by-law for the respective items whereby each owner agrees that they are responsible for them.  Each by-law would require a special resolution of the OC (you can also do an omnibus by-law)
 

Yes I would like to make the items all legally ok. Although as they stand they may not be legal but its no fault of the owner’s. The owner’s asked at a meeting if it was ok and the strata agent said if no one has any issue with it it’s fine, so with this in mind the work was done.

The owner’s of the items already do take responsibility for them all it just doesn’t have any by-law to say so.

I figured since I am reviewing all the by-laws now would be a good time to fix everything. Excuse my ignorance but what is an omnibus by-law?

[strats all]

Are you a new owner there? It sounds like the person has been doing it for some time without objection. Are you on the Executive Committee at all? Someone can correct me if im wrong but my understanding is even if the other owners are not on side you can still raise the matter through to NCAT as an individual lot owner. NCAT will give you the option of mediation first. It’s better if you have some other owner’s on side when doing so.

In regards to the managing agent’s comments its irrelevant if there is street parking or not common property is being used contrary to what it is there for. Further to this it may be an idea to look at getting a new managing agent as the advice they are giving is far from encouraging a harmonious place to live.

[strats all]

Hi,

I was just reading our By-Laws this morning and came across this one:

4. Damage to lawns and plants on common property

An owner or occupier of a lot must not:

(a) damage any lawn, garden, tree, shrub, plant or flower being part of or situated on common property, or

(b) use for his or her own purposes as a garden any portion of the common property.

We are using the standard Schedule 1 By-Laws.

[Author]

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