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When I was living in my last apartment, the local council wrote to advise they were changing the zoning for a sports club which was surrounded by houses, so that a high rise development could be built (though the surrounding houses were not going to be rezoned to allow high rise). So we would have had a tower sticking out from amongst the californian bungalows.
Though I was in an apartment block, I protested this development. It was unfair to those around it, it would increase parking problems that already existed (due to the large number of apartment blocks that were already in the area such as mine and because the development would only have 1 car park for each 2/3 bedroom unit) and the streets leading to this development could not have taken that much more traffic.
I like to think by getting off my behind and writing my objection that I contributed to this development being shelved! Instead of a huge tower they built some terrace houses that look great and fit in with the surrounds and with enough parking.
So write in, state your case! Put in every and any negative you can think of for this proposed development (noise, pollution, traffic, parking, unsightly, heavy vehicles (dangerous for elderly and children crossing roads). Get everyone to write in including the OC. I know one thing for sure – it will go ahead if no one says anything.
When you say the neighbour is not on the strata, what exactly do you mean? Is this neighbour not on the committee, or is this neighbour in a neighbouring property and not in your strata complex?
I believe that the airspace above your courtyard is your responsibility up to something like 3 or 4 metres. The space above this is the responsibility of the OC.
Your OC should be concerned. A large branch falling onto a roof (common property) and perhaps damaging the structure (common property) would not be a good thing. Insurance may cover but then premiums go up. Did you take this matter to the council in writing? Pointing out possible damage to person/property/possessions? We did this and managed to get permission from our council to remove a 30m native tree.
Keep all correspondence in writing to all parties. Should worse come to worse, you have proof you tried to draw attention and find resolution to this matter from all parties concerned.
If it were me, I would see how much it would cost to remove the air con plant and have individual air con systems put into each unit with a bylaw stating that each owner is responsible for their own air con maintenance/upkeep and replacement in the future.
Perhaps the space where the plant was could be used for something else like storage? This would not cost less than the plant replacement but would save money in the long run. There would be no maintenance for the plant, no money needed to be set aside for its replacement in the future. Instead, the money would go into the coffers to be used somewhere else in the building resulting in levies not having to increase too much in the future.
I agree with flatchatfan – people who want to use their air con can. Future owners may want air con (used property air con isn't too expensive).
Strange that they would build an apartment complex with air con only to some?
How old is this building? I hope each unit has their own power meter. Would hate to pay for electricity for someone using air con if I didn't.
Perhaps you could get your OC to look at installing different lighting? We had extra lights installed in the common areas for safety and security. They are spotlights that can be angled. We have them pointing down towards the ground rather that the light going across or up. I have two of these spotlights outside my place. As long as they remain angled down, the light doesn't shine into my place. But if I look out I can see if there is something/someone there. Are these lights just stuck on top of a pole?
Our strata manager told our OC that the cost of finding the cause of a problem (and therefore whose responsibility depending on that finding) is a cost borne by the OC. So plumbing problems that residents have, the OC pays for a plumber to determine the source. Then determine whether an owner or OC problem.
Not sure re loss of rent. Believe landlord insurance covers this.
Rightly or wrongly, when on our EC we often made decisions for what we considered the little things via email. Anything big, structural changes, changes to common property or use of, continuous breaches of strata by laws, major works to the complex, were all done with meetings. Otherwise we would have had to have meetings every second week!
It was hard enough to get replies from some committee members. And when we did try to organise meetings it could take 2 weeks before we (a) got a response or (b) found a mutual time/day. Not everyone in this complex works 9 – 5 as I believe would be the case in most complexes. And people do have lives and other interests outside of where they live. If we didn't do the email thing, could have been a backlog of decisions.
I thought communication would be the key as did other EC members. I said hello to everyone. Those who had been told “no” by the committee ignored me. When anyone moved in they were given a welcome notice with details about the place and items of interest. Residents were told that they should contact the SM in writing/email with any problems or issues. They still prefer to wait until the AGM about the EC not doing anything about the issues they haven't written in about! So I give up. But not only do they not communicate with EC members, most don't even communicate with each other.
I, along with other ex EC members who have bailed, am pleased with what we did achieve, improvements we made, decisions we came to that protected the complex and its residents. But doing a good job in this EC is like peeing your pants whilst wearing a dark suit – you get a nice warm feeling………….but nobody notices.
It's good to know I am not alone Easty! There are parallel universe complexes out there!
I too feel that people move in with great expectations. I infact have friends who tell me they want to sell up to move into strata and have absolutely nothing to do! Some of our residents do not understand EC and OC differences. So quite funny when they complain about the OC doing nothing – they are actually complaining about themselves! And residents need to know they need to tell the SM/EC if they see something. We had a water main break in the street creating a “waterfall” in the complex. Residents had noticed it – but no one had contacted SM/Waterboard or anyone. Apparently, that is for the EC members to do – if and when they should stumble across the problem!
I can't honestly imagine how any of these people would cope in a free standing house. If everything is too for them in strata, how hard will it be when you have to do/arrange and pay for absolutely everything!
And regarding common property, half the time our EC spent on issues of addressing the use/misuse of common property. Only to have the same people do the same thing over and over again. What a time waster!
I definitely believe that there should be some kind of training for the EC. If an EC can be held liable for their decisions/actions and have to fork out money (as in bpositives case) then they should have some sort of formal training! A certification of Executive Committeeism renewable every couple of years like the First Aid certificate. I also believe that EC members should have to sign a code of conduct for their own behaviours and to ensure no favouritism or prejudice in their decisions.
I have said previously that I believe that everyone moving into/buying into strata should have to sign a statement in which they acknowledge there are strata bylaws in place that should be followed and that they understand the nature of strata. That may stop some of the “oh really, I didn't know – no one told me” scenarios!? And it may make people stop and think if strata is for them. Want to do your own thing 100% of the time – then strata's not your thing.
And perhaps there should be some decent remuneration for EC members. You want someone at your beck and call – you can pay for it! But don't think they could pay me enough to put up with all that rigmarole.
I have seriously considered building my own complex with like minded people (I know of 4). A place where people knew what they had to take care of, what they couldn't touch, what they do owned, what they don't, of cheery good mornings from neighbours, occasional gatherings, looking out for each other (whilst not being in each others pockets thanks!). Just being good, happy strata neighbours! I used to live in such a place. I want to live there again.
I am not sure whether one can appoint an owner to do maintenance around a complex, or rather an owner volunteers to do such and everyone agrees to this arrangement. And this would no doubt only be general maintenance/repairs such as sweeping, weeding, bit of cleaning/clearing up.
When I put up my hand to be on the EC (one of the few), the responsibilities I undertook included, organising repairs/maintenance, meeting with tradies and getting quotes done for work, I swept up the millions of leaves on common property, cleaned other areas of common property, arranged for notices to residents (delivered personally), cleaned out the stormwater drains, was main contact for the SM (had my mobile/home/email), gave the SM my itinerary so they knew where I was and how best to contact me in an emergency, started up an email address for residents (who hardly used it) and did alot of the gardening. All for no money and little thanks (infact residents didn't say hello let alone thanks). I spent my own money at times. I got things done. I organised the EC meetings. I also coped a fair bit of whinging in the driveway. So please excuse me if I would like to have some time to myself without interruption (emergencies excluded). I also work, have a family and a life!
One resident who had a problem was told by the SM to just knock on my door. I later found a note under my door where said resident was astounded I was not home when ever they knocked. I explained that I did not sit in an armchair on the otherside of the door hoping, wishing that someone would knock with something that I would need to go the the SM anyway! So I did put my hand up, and I did take on all that work/responsibilty. But did not put my hand up for intrusion of my time.
But not a problem now. Not on the EC. Don't do anything (except work, family and my entire life). Now we hire people to do all I did for nothing (with levy increase), now no quotes get done, no works been done on outstanding issues, no maintenance attended to lately. No interruptions of any kind to me! And if ever being on any EC means I have to give up all my time – no way. Will not have my evening merlot interrupted because someone's remote for their garage has a flat battery! Cheers!
Am curious as to how bpositive came to have out of pocket expenses due EC decisions. Doesn't the strata insurance cover decisions made by the EC? Was always concerned when on the EC that any decision made without the proper considerations would have left me liable, but thought insurance would have handled that.
Would really like to see a clamp or tow by-law in this complex. The problem would be solved quick smart! We have tried the softly softly approach for too long I feel (polite reminders, notices to all about parking). Its the same people over and over again. They stop for a while, then think it is all just too hard and start parking there again.
I just wonder what gives people in this strata the sense of entitlement to extra parking spots. Especially those who have more cars than their unit has parking spots. I have visions of people coming to look at a unit, seeing inadequate parking and then deciding no problem we'll just use the visitors car spots! Premeditated parking I call it. There has been alot of that here!
When I was on our EC I did not want my email address, phone no. given out to all in our complex. They knew who was on it and what unit no. they were in. We asked all owners/residents to send corro to the SM and they inturn to send it to all EC members. In that way there was a written record of the problem/complaint.
We also set up an email address for the EC which was checked regularly by EC members, matters could then be referred to the SM and forwarded to all EC members private emails. Of course only a 20% of residents ever used it and only very occasionally. So we gave up on that.
It was suggested once at an AGM that we get a cheap mobile phone and have an EC number that was accessible all the time. A phone that would only receive calls, or have only a few nominated numbers that could be called (SM and EC members only). Similar to the kind of phone you would give a kid. In that way the phone could be passed to whichever EC member could be “on call” on that day/week/weekend. This was knocked back by the residents who always complain but never put their hands up.
I have have people knocking on my door in the past and then “abusing” me for not making decisions for them on the spot! What would they do if they had my phone number? Calls in the middle of the night?
I was prepared to give up a considerable amount of my valuable free time to get things done around here. But I value my privacy as well. If having all my personal contact details out there for people, who will ring to argue with that I should arrange for a new washer in their taps, is a condition of being on this EC or any EC – forget it!
Not sure about the legality of storing items in a switch room. Do these items belong to the OC or an individual? If this is common property the items would need to be common property also. If an individual is using this space, then permission/special by-laws would have to apply.
Does everyone have access to this switch room? If so then OC must need to apply a duty of care by ensuring safe access to all i.e. no trip hazards, nothing that can fall over/on someone, everything secured adequately. I would think a clear path to the switch would be necessary.