[struggler]

Just to clarify the washing line situation here further,  owners do have balconies and their own individual washing lines here.  But they don't seem to want to use them.  So this washing is outside my front door.  I don't have to lean over a balcony, I just open my door and bingo there it is.  I wouldn't even mind so much if it was on a washday during the week.  But it is just about everyday.  So I keep my front door shut and my the blinds on front rooms  closed so I don't get flanellettes flapping in my face. 

I wonder if all these residents do this because if it were on their balconies or clothes lines they would have to look at their washing everyday.  With it in the garage, they don't see it.  But everyone else does.

I have lived in an apartment previously.  People did put their washing on their balconies.  If I leant over I could see this.  But I could walk out onto my balcony and sit at my table and not see it.  So it was really only there if you looked.  Here, I can't look anywhere without seeing it. 

[struggler]

I know I claimed depreciation when I owned an investment unit (carpet, kitchen, bathroom etc) for taxation purposes.  I don't know that it applies to strata. 

[struggler]

I am all for marching down Macquarie Street with placards, blocking traffic.  Haven't done that since the 80's.

I have been a landlord in the past, and though I like the thought of buying an apartment for investment, I don't want any more strata worries.  What I have here is enough. And I really don't paint a great picture of strata living to anyone who asks (workmates and friends  regularly ask for updates on the stories of what people get up to in my complex).  When my mother needed to downsize, I wouldn't let her go into strata but rather found her a house. She couldn't cope with some of the behaviours that happen here (those that I don't write about in detail as they may identify the complex).

How about a good old fashioned petition?  Don't they do petitions online these days?  Or perhaps we could print out a common form to sign and pass it on to our neighbours and other people we know who live/own in strata?  How many people are registered on the flat chat forum?  If everyone on this forum got 10 people to sign a petition that would have to be a good start.

Though I still like the idea of marching down city streets.  Any good ideas for slogans to paint onto banners?

[struggler]

Just to clarify, when I said I negotiated a myriad of clothes drying racks around my home, I was referring to all the racks inside of my home.  My meaning being I keep my smalls withing my walls!

A by product of the clothes drying racks in the garages is that these residents are frequently the ones who place their cars in the visitors car spots.  And my hackles were up after one of these residents, on finding visitors car parks full with actual visitors (including my own)  when they wanted to put their car there so they could put their washing in the garage, then parked their car infront of the visitors cars so they couldn't get out.  The street with ample parking would have been about 20 metres away.

No one has made an official complaint about the washing walk, though many have commented.  We wonder why one would want to expose their clean clothes to a driveway with frequent cars passing in close proximity.  I'll keep mine inside until the sun shines.

[struggler]

As curious as to what exactly community title is?  You mention common land and by-laws.   Does one find community title in one of those gated communities, with individual houses (ie no common walls) but with shared facilities such as pools, gyms, tennis courts etc? 

[struggler]

Unsure about the liability aspect.  It is in your parking spot but bolting it down goes into common property.  You were given permission to drill into common property.  So I am not sure.

I know that in the past our EC, when making decisions, does consider the liability of making such decisions.  We believe that if an EC makes a decision that may later result in damage to person or property that the EC may be liable. 

Would really need an expert to answer this I feel.

[struggler]

If my information is correct, the last update of model by-laws was 1997 and the Strata Schemes Act is dated 1996.  So it has been a long time without reviews or updates already.

Building Codes are updated yearly and Australian Standards every 3 years I believe.  The legislation for strata affects alot of people already and will affect alot more in the future.  The way we all live has changed since the late 90's.  So its about time for something to be done.

[struggler]

Again, you did the write thing if you have written to the EC and they have given you written approval.  You have acted upon receiving that approval.  If that one EC member was/is against it, then your EC must have gone with the majority on its decision.  If it needed a unanimous decision, then they shouldn't have given you written approval.  So even if one of the complainers is on the EC, you still acted on the approval you were given.

[struggler]

Has anyone on your EC really looked into this?  So one owner can have a huge entainers deck with french doors onto it and another a small square deck fit for one plant and a couple of chairs?  And can the owners pick the materials too?

This would concern me too.  From a design point of view, a building with different features, done properly, can look quite good (far better than some of the red brick/blonde brick “boxes” of the 60's).  However, if it is just as each owner has requested, could look very hodge podge.

Then there would be the question of common property.  There is quite some expense in removing a window and replacing with a doorway.  That would be a major structural matter in a multi storey complex I believe. And some are doing this some aren't? And if someone does have the french opening doors onto the balcony, what about the maintenance of this in the future?  And the units that don't opt for this now, the next owners may decide they want the bigger balcony/doors set up.  Can they ask for this to done for them?  Way too messy a senario for me.  Keep it simple and similar – less complications later I say.

[struggler]

So how do we address the inconsistences here in NSW?  More and more strata will be built in the future here in Sydney.  And with the first of the baby boomers retiring this year, there will be more and more people downsizing to strata (in the belief that they will never have to do or pay for anything again).  There will be more problems with/in strata complexes due to sheer numbers and no consistency.

[struggler]

You did the right thing by applying in writing.  The EC met and noted the approval in the minutes of their meeting and you received written permission to put the bollard in.  So if anyone is responsible for removal (should it come to this)  wouldn't it be the EC? 

They should have perhaps looked into the matter of  bollards (for anyone else wanting to do the same at a later date) and noted what kind of bollards are or are not permitted & where and how they could be placed.   Otherwise you could end up with a car park with all sorts of anti-parking devices in place.

[struggler]

I would have thought in it was from top of the slab for the owner, below the slab for common property.  Under the slab may  be foundations, plumbing mains etc, coming into the complex.  So I wouldn't think that in an apartment building it could be anything else but common property?

[struggler]

I would think it depends on what kind of approval you received.  A verbal approval?  Did you write to the EC and get a written approval from them?  Was it approved at an AGM/EGM and voted on?  Was there a special by-law/exclusive use clause? 

I believe the type of approval could greatly affect who is responsible and what can be or can't be done to this bollard.

[struggler]

Regarding moving out due to work being carried out on a unit, what about in the case of owners?  If work has to be carried out and it is common property and will render the unit unliveable for a period of time, can an owner make a claim with the OC for costs of alternate accomodation?

Have not had the situation come up as yet, but would be good to get this info now, just in case.

[struggler]

We send out endless letters, notices to all residents regarding unauthorised use of common property.  Particularly parking.  We do say each time that you need the written permission of the EC to do so.  Despite about 50% of people parking on common property, there has never been a request from residents to do so. 

We are quite patient with our residents regarding strata by-laws, despite them hating the EC for “controlling their lives” and not letting them do whatever they like.  When we see someone doing something that is not allowed, we give them the benefit of doubt that this is a one off.  We don't run over to them, by-laws in one hand, notice to comply in the other saying you can't do that. 

We were quite willing to overlook instances where a resident parked in the visitors car space once in a blue moon.  But it would seem that when they didn't receive any notice for that one infringement, they then parked there on the full moon, half moon, quarter moon etc.  The EC are tired of being mooned.  Give someone an inch they take a mile and ruin it for all. 

And your right Mr Strata – the car park look is not good for property value.  The complexes around here with cars in the visitors car park and driveway are much, much cheaper than our complex.  Another reason why I believe units in our complex sell the first open day and for considerably more than the asking price (even in this market) is that when buyers come to see, they can park!  Perhaps they  see where their visitors will be parking when they have them over! 

[Author]

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