[struggler]

When you say that “strata” says it is not common property, did you mean the Executive Committee or the Owners Corporation?  Did you apply in writing and get a written response from the above stating that you are not dealing with common property?

If extending this pergola means attaching any new structure, fittings etc to the outside wall, then you are working with common property.  The outside wall is common property, even if the pergola was not deemed to be common property. 

Get any permission in writing from your EC/OC.

[struggler]

I believe there is a level of damp that is acceptable for garages/storerooms/basements which are not considered habitable.  But cascading water is not “damp”.  And even if you were in a townhouse/villa with your own garage attached, should water come up from under the concrete slab, that is the OC responsibility.  So would definitely be so in a unit block where both above and below the slab is CP.

Concur with Whale in sending letter to OC stating that you hold them responsible.  Send copy to SM.  Leave a paper trail. 

[struggler]

The problem here is that you note you left actually gives them and anyone else permission to park there – at least in their eyes.    “On occasion” and “short periods of time” are all tolerated in this complex but just not in writing.”

Parking in visitors car parks to load or unload the car, because it is pouring with rain and thunderstorms overhead, or because they had forgotten something or are just popping in to change clothes before heading out again – these are all instances that we tolerate in this complex.  We would not hand out a notice or remind them of bylaws for any of the above.  But if we said it was OK, then should we have to confront a serial parker they would simply say “I thought it might rain” or “I was only there for a short time” (for some it may be a couple of days!).  If you give them an inch………..

Here, we leave a note simply saying that the visitors car spots are common property and for the temporary use of visitors only and that  residents are not permitted to park in the visitors car parks without approval.   In that we state who can park there, who can't  (but under what circumstances they can).  No time limits or exemptions mentioned.  Don't give them excuses to use against you.

[struggler]

At the AGM, the incoming EC (party of one) mentioned the blinds.  Only one other owner thought it was a good idea.  Interestingly, when the matter of units on the other side of the complex facing full north sun, the incoming EC said that it is OK for them, they can do whatever they like outside their units because it doesn't overlook common property.

So according to them, those on the other side can built structures bolted onto the exterior wall surface, extended from the roof, to their hearts content!  Just because it is “in” their courtyard.  Someone had to tell them that it just isn't so.  They have been on the committee for 6 years!  Makes me wonder what they have told people is OK in this complex over the past year or so (they don't like to put things in writing, they just “talk” to them).

Have great hopes though for the future in this complex with a new person, who by all accounts seems to have a working knowledge of strata, now on the committee.  Fingers crossed.

[struggler]

When I was on our EC, we did make some decisions on the smaller things around the complex via email.  However, any of the bigger issues needed everyone to get together to put their two cents worth in.

It was very difficult to organise meetings at the best of times.  Almost impossible to get everyone available on the one day.  If we hadn't made some decisions via email, nothing would have been done.  And if there were alot of little issues all at once, it was also more beneficial to have a meeting with as many EC members as was possible.

As far as making decisions that the owners are not aware about, if any decisions involve the exterior look, structural, allowing an owner to do something or anything that costs alot of money then the owners would definitely have to be advised. 

[struggler]

Of course no security is 100% be it a security door, a deadlock or alarm system.  They are deterants.  And a would be thief really doesn't want to take any more time than necessary to carry out your TV.  So if there is something that will cause delay he will be looking at the place next door that has the welcome mat out and the door open.

Will people get in even with a security door.  Sure.  But alot less than without.  I would not consider a unit without a security door.

[struggler]

Have you or the real estate agent contacted the owner?  If I was the owner I would not be happy if there was an outstanding issue affecting a property I owned. 

If your door doesn't shut properly it would be a security issue.  If it were me, I would write not only stating the water/moisture/mould and possible damage to property (and health) but also I would want to know who to hold accountable should my place be broken into because of a broken door.

[struggler]

I think asking owners for their input or for any items they want discussed is a great idea.  But our EC waited 21 days to write to a chosen few.  Had they done something when they first received the notice for the AGM, they would have had ample time to ask all owners for any additional items.  Our AGM has been held at the same time (give or take a week) for over 10 years, and it is not the first year on the EC for this member.  And their choice of who they asked – including one who has broken every strata by law ever written in the history of strata and then some!  If you ask someone like that what they want on the agenda, it would be the ability to keep breaking by laws without anyoneinterrupting!  Why would you include this person in your few contacts and not the other owners!

I have notified one owner who is not on the chosen list and will not be able to attend the AGM and is not happy about this situation.

I am going to be interstate on a trip.  Even though I also knew the meeting would be held about this time, I planned before the official date of the AGM was sent out – honest! Have previously changed my life to accomodate the AGM, to then not be supported by other owners, to listen to complaints from those who don't lift a finger around the place. So a no brainer really, accepting this invitation!  The only reason I would like to be there would be to stop any discussions and decisions not on the agenda.  Though last time I did this was to no avail.

[struggler]

The windows where they want to install these blinds are two storeys up, no balcony and would have no access to external opening mechanisms so would have to have a remote device installed so blinds could be operated from inside the bedroom.  An external device would require the fly screens to have a “doggy door” to allow the occupant to stick their arms out and open/close blinds.  I would be concerned with anyone perhaps leaning on flyscreens two storeys up.  And in past comment made by the EC, they think it is just a matter of going to the hardware store and getting a blind.

There is also the matter of colour.  This complex is like a fancy neopolitan ice cream, roof one colour, guttering slightly different, window trims different to door trims, and posts/supports another colour.  A light colour for the blinds would show the bat poo, gum tree sap and get dirty.  A dark colour would soon be bleached by the bird poo.  And how to clean? 

Then there is the fact that the members of the EC do have a history of “close enough is good enough” or “oh just let them damage/change common property, whats the harm”.  They think that if just a few give their OK and that if the owners themselves pay for it, it will all be OK.  And if someone gets a different colour or type, they will just roll over and say “that's OK”.  Am concerned that their lack of concern will lead to us living in a complex with a patchwork quilt appearance. 

I know from past experience that this EC would not consider any of the above, nor would they think of a bylaw to not only cover their blinds, but any shade providing structure/device that perhaps the residents on the other side of the complex may want to consider.  As I have said before, I am not against any owner/resident wanting to improve the heating/cooling of their homes using “greener” methods, but you have to look at all angles, all possibilities, and cover all bases.

[struggler]

After considering my situation here furthere overnight (and over wine) have thought that perhaps I should write to the owners that I can contact and advise them that the EC has asked from input for a chosen few, but not them.  Thoughts of this?

And should I point out that they included a change to common property that they would benefit from, and this change has not been fully considered (ie they will allow owners who have a unit of the same style as theirs to make this change but have not considered owners of different style units).  And that this EC intends to bring up this matter as well as other matters from “the chosen ones” when they have not carried out repairs, obtain quotes that they said they would at the last AGM. 

Our complex has never been painted once, and it is at an age when we should be getting quotes for the second round of painting.  We have quite an amount of wood in this complex, wood which has and is sufferring from wood rot.  But the EC wants to get quotes for other matters without attending to long overdue matters.

[struggler]

I neglected to say in my first post that the EC did not sent out an email to all owners, just a few of their “friends”.  So 75% of the owners don't know that this email exists.  And our EC will no doubt complain about the owners who bring up problems that they haven't bothered to report all year.  These same owners are the ones not contacted in the email.

It may be different if they sent out an email, an official email, to ALL owners for any last minute inclusions.  But it is just a few.

[struggler]

Thanks for the backup Jimmy.  I believe they would be looking at fabric external blinds.   In my experience even the best fabric with the best promise of lasting against direct sunlight, will deteriorate, fade and the fabric will break down over time. And the owners on that side would no doubt welcome the glimpse of sun that comes into that one room in winter time.  Leaving the blinds retracted for 6 – 8 months of the year!

I fear that the EC believes this will be “easy” and haven't looked at the bigger, long term problems of this “solution”.  Nor are they looking further afield.

I have visions of looking out at shabby frayed blinds of different shades due to fading, with owners crying poor and therefore unable to fix/replace.  

[struggler]

As we have no lifts to be cornered with here, the owners wait to rage about something they haven't brought to the EC's attention at the AGMs.  This despite instructing the SM that only the matters on the agenda are to be discussed and decided on.  This despite the owners being told that only the items on the agenda are to be discussed and decided on.  But it continues. So we get good attentance, but for the wrong reasons.

So I have all but given up.  I used to attend all AGM's, EGM's, be on the EC.  Used to care about the maintenance and upkeep so much that I was prepared to put my own time, effort and money into the complex.  I don't anymore.  I have taken the “I'm alright Jack” approach.  

Levies do get the most interest and best response for an AGM.  Our owners gasp in horror at the thought of a 3% rise.  Any more than that and many say they will sell up and move out.  Am praying for a 10% rise – will help them pack.

[struggler]

You say it's new but in “generally excellent condition”?  

An owner is responsible for just about the same items whether they live in it or not.  In general, if you had to repair or maintain if you lived there, you have to when you don't!  People pay top dollar for rents these days.  They have every right to expect everything in working order and for repairs to be carried out.

I agree with CBF's comments above.  If you have a tenant that finds a problem and promptly relays it, you have a tenant who cares about his/her home and therefore cares about yours.  Much better to have someone in your place that points out any problems than one who moves out without letting you know, when the problems have become much bigger over time and therefore more expensive. 

You should attend to anything electrical as soon as possible.  And since you are new to “landlording”,  I hope you have landlord insurance.

[struggler]

I do believe that somewhere on this forum it does say that if visitors car parks are part of the development consent for a complex then their use cannot be changed.  

Do a search of the forums.  If not in parking peeves try common property.

[Author]

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