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Firstly, have you checked with your local council as to requirements for structures of this type? There may be limitations on the area of a pergola.
Secondly, is this pergola common property? If so do not touch this without permission. You may not only be in breach of council regulations but of strata by laws as well. You would need permission and no doubt an exclusive use clause.
If the structure is not common property, you could put in a submission via the managing agent to the EC/OC (don't give it to them directly – your word against theirs as to whether they received any info). Going via the managing agent leaves a “paper trail” and makes such a request official ie there is a record of it. Leaving for the EC in the letterbox or under the door you have no proof.
Include in your submission any details about council regs (whether complying or non complying development) current square metres, how many square metres the finished pergola will be. Include diagrams, measurements, materials used. Assure EC that only licenced insured tradespeople will be used. Any damage to common property will be rectified (from delivery of materials for example), tradespeople will work within defined hours to limit noise to neighbours. Just include everything and anything.
But whatever you do, don't go ahead and just do it because you haven't heard back either way.
I don't think you will get anywhere arguing about loss of view due to trees. You can however go for loss of light into your apartments.
I know with council and development applications, neighbours can complain about any loss of light into their homes but not necessarily view.
Our OC lets owners plant in the common garden areas outside their lots as long as these plants are in keeping with the overall appearance of the complex. The OC also reserves the right to remove trees/plants that are deemed not to be in keeping. Only had to have one tree removed so far.
You could also argue any leaves dropping onto your balcony, blocking any drainage points. Any seeds/fruits that may also drop, stain or be a danger to children. And depending on how high and what type of trees are planted, you could point out that the root systems of these trees may cause problems with plumbing or if too close to the structure, foundations.
Perhaps you could ask the OC to arrange more appropriate plantings that avoid all of the above.
I don't think you will find a legal requirement for an apartment block to have a security front door. You will find that many apartment blocks don't have a security door.
It would however be a desirable feature for buyers. Most real estate ads mention “security door” in their list of features. I personally would prefer to have a security front door. They do provide security – except when residents prop them open that is.
If you should want to push this matter, do consider that you would have to have an intercom system installed as well so that your visitors can get in. And thats where the cost would be. I don't know how much it would cost to have such a system installed but do know that to have a system replaced costs quite a bit.
Good on your for going and reading the Aust Standards and calculating the ARI in relation to the problem in your complex. We had an issue with a storm water drain and I brought up the Aust Standards and Building Codes referring to storm water drainage, water runoff and roof plumbing and the ARI's but alas as I do not have the correct letters after my name it was not considered We did however get an engineer in to do a report, which stated basically what I had found for free.
I once worked in the building industry (in a support role – not a builder) and during that time read alot in regards to building codes and australian standards. I learnt that inproper storm water drainage or infact any bad drainage was one of the worst things that could happen to a building, not to mention expensive.
It costs about $500 to get an engineers report. Like Jimmy said, if your sinking fund can't find $2K plus a bit more, then they should start the special levies for any potential water damage to your complex. Water that goes under a slab is not good news – not just to the units directly affected, but to the hip pockets of all!
We are about to have a roof and gutter inspection in this complex. In light of the WHS act, should we ensure that the contractor carrying out this dangerous project will do so using appropriate safety gear and OHS practices? Or is it the responsibility of this company who specialise in this type of work to ensure that everything is done correctly, their workers are trained and will work safely on our complex?
So basically, any complex that hires someone on an ongoing basis or for a one off project is a PCBU under the WHS act? If so I have just said all that mumbo jumbo in one sentence. Which is all I want. I would like something to give to the “masses” who will not read anything longer than a text message. In this complex, we had to write our by laws in two paragraphs to get anyone to read them let alone understand/comply!
And where does this leave a complex if they are not aware that someone is running a business from their home? What protection do we have? Do we ask for a stat dec? If we went around asking people if they are running a business from their homes they would deny it. We know we have had people in the past running a business from their homes in this complex. Though they are no longer living here, have no idea if someone else is doing the same
We have people who come regularly to do lawns, gardens, general cleaning/clearing and do the garbage bins. So are they a contractor or an employee? If we have signed no contract with these people and have only agreed to their quote for works carried out each month, where do we stand?
Am sure our complex is like many others out there with this situation.
And where it states that a residential complex which “does not employ any person, has no home businesses and no working bee to fix common areas may be the only set up that is excluded”, does this mean that if a resident sets up a home office (without telling us no doubt) or if we have a get together to clean up an area of the complex then we are a PCBU?
We have a serial by law breacher in our complex. At an AGM this owner nominated self for the EC. As the EC had engaged a lawyer to get this owner to comply with by laws all members felt it was inappropriate for this owner to be on the committee. Were told that unless other owners were in agreement with EC then this person had every right to be on committee. The EC received no support from other owners in denying this owner a spot on the committee. No surprise as owners gave no support to EC at all for anything.
This owner continued to breach by laws and in one instance agreed to issue a notice to comply to an owner, whilst breaching the same by law himself. This owner continues to cause trouble. This owner is the reason I am no longer on the committee as the time taken up by this one owner together with the lack of support from other owners (infact only complaints from other owners about “picking” on this one owner) is far more than I am willing to give. This owner still to this day breaches by laws and submits “bills” for works he has taken upon himself to carry out for the OC to pay for!
Will probably nominate self for EC this year. As no one else is interested, will probably be the only one. Thankfully I am unable to attend AGM this year! Will be glad not to see the debacle.
I believe that members of the EC should be people of good standing who do not have a history of breaches of by laws. If a member of the EC is found to be in breach of a by law they should be made to step down.
I agree totally that by-laws should be legally binding and have stated such on numerous occasions on this forum. There are product disclosure statements and terms and conditions for just about everything out there. I have just purchased new computer software. I paid for it, it is mine, but I can only use it under the terms and conditions of the software company and I have to agree to those terms and conditions before I can use the software that I have paid for.
But for the biggest purchase in your life, whether it is a bedsit or 3 bedroom with views, it is the biggest single outlay of your money you will make and yet there is nothing to sign saying you realise that there are by laws that you must abide by and there are consequences to not complying with these by laws. And not complying by one affects all in a strata complex in one way or another.
We have written our by laws in a child like manner, making it as simple as possible to try and make all residents aware of what common property is and what they can and cannot do. And yet we are still confronted with owners who, when told you can't do that make with the furrowed brow and boo boo face saying “I didn't know….sorry” only to do the same or similar again, and again, and again….. A signed document stating that they have read the bylaws and will obey them may make it easier to take action instead of EC's having to jump through hoops. Why when you sign a lease is there an agreement between tenant and landlord pertaining to the use and maintenance of a premises and no document between an owner and the strata complex they are moving into?
We should be making owners more legally responsible not EC's more liable. Half of the work for the EC in this complex would not exist if it wasn't for the owners! Then the real work could get done. Can't organise anything when you have to spoon feed owners.
In my complex we have 90% owner occupier. Just a handful a rented and it has been this way since day one. And also since day one we have had 90% of owners wanting no involvement in the day to day running of the complex save to complain at each and every AGM about the day to day running of the complex (but do not say anything through the year).
Over and over we find a problem in the complex that would be an OH&S issue that an owner will say “Oh yeah, I noticed 6 months ago that was broken/not working”. Then there are the problems that exist within their units that they only mention at the AGM with “this problem has existed for over a year…..” . Or worse “I have noticed this leak through the roof for 4 years now and this morning the ceiling collapsed”. Not a word in those 4 years, and yet the EC doesn't do anything about fixing problems.
It's not once, it's not twice, it's not three time…the above scenarios have happened continuously throughout this complex's history. They buy into strata, they pay their fee and someone else has to look out for, arrange, notify and pay for absolutely everything. The EC should know what is wrong and what to fix! Without anyone telling them! Why should we have to go to the trouble of notifying anyone, we're not on the EC. And don't dare put those levies up!
When you buy an insurance policy they say you have to read the product disclosure statement and when you travel by air you have a condition of carriage that you are supposed to read. So you hand over your hand earned cash, but you have to abide by their rules, regulations and conditions. So why not in Strata? When you buy into it, you should have to read/sign a “statement of strata living” with all the information in it. And at the bottom have “I John Smith have read the terms and conditions of strata living and agree to abide by them”. Will they really read it? Probably not. But at least there is something to wave in front on their faces when they complain about the problem that only they can see from their kitchen window, and that the EC hasn't fixed yet.
Hi DavidJohn
Just before your AGM you will be sent an agenda. One of the items on the agenda should say Executive Committee. At the AGM when it gets to this item, people can be nominated for the EC. Or you can put your hand up and nominate yourself.
If you do go on your EC read up as much as you can about your own strata (eg by laws) info from the Department of Fair Trade, and especially this forum. Educate yourself as much as you can. And then, when you think you have learned alot, sit back and marvel as you find out something (usually on flat chat) that you didn't know ,just like many of us do!
Good on you for finding out about EC's and for wanting to be involved.
No its not a fine it is an admin charge for the extra work the SM has to do in continually sending out reminder notices. They do the first one for free. And if their is a group inspection organised and an owner does not allow entry, why shouldn't they pay for their own rescheduled inspection. Many tradespeople do charge for “inspections”.
We had one owner who, after complaining about an issue (waiting until the AGM to complain) the EC organised someone to come out, do an inspection and a report. The owner declined to open the door on the arranged day saying “I'm too tired today!”. They should pay for an additional inspection themselves! If adequate time is given for inspections and the owner has not indicated that this day is not suitable, then why should other owners have to “pay” for another inspection, and another in some cases.
I do believe that adequate notice needs to be given for inspections. Many residents do not like leaving keys with someone and may not have a close family member or friend to come over, especially at late notice. So I think that two dates should be given (perhaps one weekday and one weekend?), therefore two inspections arranged and at least a couple of weeks notice. Sometimes it is just a matter of giving people enough time and options to arrange their lives to be there.
We had a situation where owners were responsible for regular maintenance issues where they needed to obtain a report and send the report back to the SM. Each year they were reminded to get this done. And each year the SM had to send out another, and another, and another reminder.
SM told the OC they were not happy sending out these reminders, to the same owners, over and over, year after year. So they told all owners that they will send out a reminder and if they did not comply with the maintenance checks, they would be charged $50 for a further reminder.
We have also had instances of group inspections where the owners were told that should they not allow the inspection to be carried out on that day, then they would be charged for the full cost of a follow up inspection.
This seems to have worked. People only need to be charged extra once to be more responsive in the future.
When it hits them in the hip pocket, they will usually respond/comply!
Someone at one of our previous AGM's suggested that we get an EC mobile phone (cheap prepaid number). One with limited numbers that can be dialled (eg the SM, plumber, electrician, other EC members only). Then the phone could be rotated between EC members eg whichever member did not have friends over, a family crisis, away on holidays or working could have the phone (with each member being required to take their turn at a weekend shift).
All residents would have one number only to ring (besides the SM). Residents would know someone would be available on weekends when SM wasn't there and that this person would have all the other EC members contact details on hand in case of an emergency. EC members could feel secure that their personal mobiles/home phones would be for their personal use only and that even if an irate resident left an angry message, with it being on a communal phone rather than a personal one, then it would take some of that intrusive feeling out of the situation.
This was considered a bad idea by those owners who never put their hand up for EC stating they don't have time (who does) and who, when the EC tries to organise someone to come and look at their problem say they can't let anyone in because they are busy! And yet they want the EC to not only have unlimited time but to be available!
My mobile phone bill has gone down by about $30 a month. This was racked up from retrieving messages (just messages left by the SM – imagine if I had to retrieve messages from all residents!) and making phone calls whilst away from home on behalf of the EC. I received phone calls/messages whilst overseas and interstate asking me to meet a tradesman on site or investigate an issue on site, right now! Wouldn't it have been easier to have this one phone, one number and know that the person on the other end was here in the complex (or not far away). According to those who “don't have time” in this complex, no it isn't.