Forum Replies Created
-
Replies
-
There would have to be an AGM or EGM to vote on a change to by laws. And there would have to be I believe 75 percent in favor or not more than 25 per cent against. The the by law would have to be registered (about $1,000 cost).
If the dog owners truly are in the minority get the support of the other owners. You can’t have dogs fowling common areas.
I don’t know about claiming costs from the EC. I would first approach the other owners and point out that a complex with dogs running wild and with eviidence of wear and tear and waste from them would not be appealing to any buyers in the future. I am a great advocate of pet ownership, but responsible pet ownership. Animals allowed to roam to others front doors or yards, be they strata or a free standing house, is not responsible pet ownership.
Mztees original post states that this neighbour has not complained about the other dog just Mztees. As we have all established dogs bark. So there is no way this other dog does not bark as well. For mztee to take his dog out of the equation this would show the complainant that it is not just one dog making noise. So I would still recommend taking your dog Mztee out of the home without telling anyone then if the complaints continue you would have proof that the other dog barks as well. Then you can all address the matter of dogs barking in your complex and how handle the matter.
Mztees original post also states that Mztee works from home during the week and has a flat mate that is home most days too. It sounds as if this dog has someone around a lot more than the average pet, even those in free standing homes with a yard. Nevertheless, whether in strata, a home or a farm, whether you are home everyday or work 9-5 dogs do bark. Mztee just wants to establish why he and his dog have been in his opinion been singled out.
Am hearing you bpositive. As a former member of the EC, most residents don’t acknowledge me because I have advised them they were in breach of, or told them that no that repair is not OC it’s yours. And now, I am considered persona non grata because I have told them they aren’t doing their job in any way shape or form. Their response – we are too busy to attend to outstanding maintenance matters nor by laws breaches!
Members of our current EC believe that if they didn’t put their hand up, this place couldn’t run. The truth is, because they have put their hands up, the place doesn’t run. If we were in the hands of a strata manager, yes we would have to have a EGM everytiime we need to agree on issues, but we would have some of the issues in the complex attended to and others about to start. We have nothing, nada, nilch! Nothing done, nothing started, nothing organised, nothing done. To have someone outside come in and get this place kick started before it really starts falling apart would be a God send.
This EC was supposed to have organised an EGM for the end of this month. No meeting. But they were supposed to organised an EGM 6 months ago to agree to quotes for major maintenance. No meeting. Because they didn’t get around to getting the quotes. Still haven’t. Still outstanding. And costing us more and more as time goes on.
Other maintenance issues that do not require an EGM, just quotes then a decision, are now outstanding for 4 months plus. This will surely increase and these “smaller” issues with become bigger issues and therefore require further quotes and more work therefore more money. But I shan’t bother them about all this nasty outstanding maintenance issues again – they are too busy for this! Besides, what would I know! I don’t exist anyway – can’t be of any assistance to them if I am not “here”.
Good on you MzTee for trying to address this issue rather than just ignoring it. If it was me and I believed someone was singling out my dog I would do this. Get the EC to write to this owner and say that in order to take this matter further it would be necessary for him to take down the times and dates of any disturbances. In the meantime, I would “enroll” my dog in a doggy day care centre, a place where you would be able to prove the attendance of your dog. Sure it would cost you some money but depends on how much you really want to (a) keep your dog and (b) prove that this is you and your dog being singled out. I would also take my dog out every weekend for a few weeks.
Then, if any complaints come in about your dog barking during this time (and you would be home at night to know if your dog barks, but so would just about everyone in your building) then you can say well he wasn’t there so it has to be someone else. I am not saying that your dog doesn’t bark ever – dogs bark that’s a fact – but this would prove that sometimes it may not actually be your dog. Your dog may be more “visible” to your neighbour so he may think it is only your dog.
And as to those comments that keeping animals in apartments is cruel and to “go buy a house” that is just ridiculous. With the cost of real estate in this country, especially in capital cities, owing the 3 bed with picket fence and large backyard is not possible for the majority. And the percentage of high and medium density living will only grow in the future. In New York, the fact that an apartment complex is animal friendly and near dog parks in a huge selling point.
As someone who has grown up in a family household of animals of every description I can honestly say that our family cats that were kept inside (to protect them and the wildlife) and all lived long and extremely healthly lives – one to 21 years of age and all of them 16 years and over with barely a vet bill. The life of an outside cat – even one that is only outside during the day – is about 8 – 10 years. Dogs do need walkiing every day, but also need something to keep them “interested” so they don’t get bored such as toys – and that applies to dogs in apartments or in backyards. Many breeds are very suitable to apartment living. Even some larger breeds no not need more than a daily walk. It is the “working” breeds that need large yards.
It would be a very sad world indeed if in the future we were all living in large complexes surrounded by many people who would not stop to say hello, then entering an empty apartment day after day forever because we aren’t able to have a house.
Our complex is surrounded by trees. They are large established trees both in common area and in private courtyards. The council insisted these trees remain when this complex was built. Therefore they existed before the complex. There are units that have their decks built around these huge gum trees.
We have had problems with overhanging branches, over the neighbouring courtyard and/or over the neighbouring roofs. The OC has taken care of removing these.
With the OC being responsible for any large overhanging branches, at least they are in control of protecting against damage to common property (eg the roof, fences, walls). Don’t know how easy it would be to get an owner to pay for a branch removal if it was needed.
I know that in our townhouse complex, trees that are in private courtyards, not accessible to anyone else nor seen by anyone else that with trees, the OC is responsible for the airspace above the courtyards therefore is responsible for the part of any tree in the airspace (I think about 3 metres above the ground). This is for the purpose of pruning/removing or trimming trees, overhanging branches etc.
Here we have paid for the removal or tree branches over hanging another courtyard/roof or fence. Any tree that needed removal, costs were split 50/50 with owner and OC (with council approval or course).
General maintenance of a tree in a private garden/courtyard I would think is the responsibility of the owner.
My reference to adding items to the agenda refers to my past post on Flat Chat re my EC sending out a note to a chosen few in the complex just 4 or 5 days out from the AGM asking for any additional items. I am now a non entity in this complex for pointing out that you cannot just add items, especially only inviting a few a couple of days out without any other owner aware of items to be discussed, especially those owners like myself who would not be there and would only direct their proxies to vote on those items listed on the agenda.
Our AGM went ahead. Items that were not on the agenda were discussed. The minutes were sent out with items missing (which items – I am not sure because I was not there and didn’t know what was discussed so therefore don’t know what is missing – can tell because it goes from (1) (d) to (1) (f) so e is missing)
I was informed, rightly or wrongly, that if there was a call for owners input after they received the agenda, all owners should have been contacted, all owners should have been informed and a list of any other concerns from owners sent out to all owners well before the AGM so that everyone knew what was going to be discussed. The owners here will never put their two cents worth in before the agenda is sent out. They have been here long enough to know what to do. I have told them enough times what to do. I give up.
As I said, our meetings are the same times, within about a week of past date each year. The SM sends out the agenda a good 3 – 4 weeks before. It’s not rocket science. But they just don’t get it.
Yes it is possible. But………….
The roof cavity would no doubt be common property unless stipulated otherwise. Not sure about what would actually involved exactly. Exclusive use bylaw, strata lalwyers, engineers reports, council permissions, plans drawn up, increased levies due to increased area of unit, payment to OC for use of this area, purchase of this area from OC. These things are just off the top of my head.
Even to use this space as just a storage area I think would involve most of the above, let alone a living space.
As PeterC has said, you know when your AGM should be each year give or take. So if it is usually held at the end of May, send your motion in mid April. And do send copies to EC, SM. If you want more people to be involved other than those on the EC, why don’t you put a note on the notice board telling everyone to put in their own motions for the AGM.
Our AGM’s have been held in the same month, on the same day, about the same date for 12 years. And yet still, we have owners who come to the AGM with their motions. This despite the fact that the agenda is sent out well in advance, plenty of time to add motions. I have given up on my complex. But try to get the message across to owners in yours. They may be more responsive.
Thanks for providing that copy of your special by law jeff.f. It will no doubt be a good reference for all on flat chat.
The only problem I have with it is the wording “the OC must not unreasonably withhold its approval to the parking……..” In my complex, an owner would no doubt say “but I have two cars and one parking spot, you are being unreasonable”.
I would include a list of what is “reasonable”. I believe in extenuating circumstances it would be unreasonable to not allow someone to park in the visitors car spots. Matters such as structural repairs on a garage/car spot, OC repairs to an apartment (where an owner may have to store furniture items in the garage/parking space whilst repairs were carried out). And for the purposes of someone moving in or out of a unit – we all know how horrible this experience is, so letting someone park for a few days whilst they have cardboard boxes in the garage is something we would all appreciate in those circumstances.
So that is the only inclusion I would make to a by law for the visitors car spots.
Agree with CBF’s comments. Get the bylaw to show the OC that yourself (or future owners) will take full responsibility for maintenance, upkeep and future replacement of this pergola.
A pergola would not only be attached to the floor but no doubt to the wall as well which is also common property.
Our SM told us that a car could park there for 24 hours then that is it. We tell our owners/residents that the visitors car parks are for the temporary use of visitors and if residents have any long term visitors, then they should park elsewhere.
We have always made allowances in holidays times (school hols and christmas, long weekends etc). We have had people house sit for months. We would consider them a temporary resident, not a visitor.
So far we have had no dramas with visitors using the car parks. If only we could say the same for residents…………….