[struggler]

Have just discovered that our EC is arranging yet another quote, this will be quote three, for a matter of outstanding maintenance. The last quote was voted on at an EGM earlier this year that was organized to vote on this quote. Even though the quote was not provided with the EGM agenda.

This quote is being done by another firm this time. I would think this would be because the previous firm that has quoted twice on this matter, and numerous times on other matters two or three times for each matter all of which never came to fruition, has told our EC to take a jump and stop wasting their time. So, should the EC now arrange another EGM to vote on this quote, even if the price is the same, as it is another company?

[struggler]

When I read this original post, it reminded me of an article I read regarding condensation and the any resulting mould. It said that, as we living creatures expel moisture when we exhale that this adds moisture to the air and to combat this moisture one should keep a window slightly open. But what do you do when you don’t have a window to open? I like many strata dwellers only have large glass sliding doors. I do have one window but in order to have cross ventilation, one would need an opening on the opposite side of the unit. I don’t fancy leaving my balcony door ajar at night being grond floor. So perhaps this is a design flaw in strata complexes. Perhaps future strata development plans should include louvre windows alongside the balcony doors to provide ventilation without the need to keep doors open.

We have had residents complain about mould in their units. The EC organized an inspection. The resulting report put the problem down to the residents not providing adequate ventilation of their homes and suggested the cure was some home maintenance.

My solution was ceiling fans. Circulate the air and create my own cross ventilation. And I also read that keeping wardrobe doors ajar helps with air flow. By doing this and ensuring that air can circulate through the place by not packing it to the rafters with stuff and furniture I have little problem with mould. Living in a humid city like Sydney I don’t think it is possible to never have some.

[struggler]

Once upon a time, in my complex, the generous members of the EC took the bins out each week. They took it in turns or did it together. The lucky residents of this complex rewarded the EC members by dumping rubbish on the ground in the bin area or placing rubbish on top of the bins. In many instances this was done eve when there was room n the bins. It didn’t matter, it was for some else to take care of.

Luckily most of these people generally threw out some identifying documents of papers in their rubbish. EC members actually found out whose rubbish it was and left it back at their door step. Then they instigated a garbage roster where each unit had a turn each week to take the rubbish bins out. And guess what? No rubbish was left anywhere in the bin area. It wasn’t someone else’s problem anymore. They may actually have to pick up the rubbish themselves so this problem was virtually eliminated. Except when we had people move out. Ad we did take photos, and found identifying documents confirming whose rubbish was dumped and did send them a bill all to no avail.

We now have a company come and do out bins for us. And the problem is starting to creep back a little. When it is someone else’s problem then anything goes. I am waiting for the problem to get even bigger than it was before because now we pay someone to do it. We have servants. It’s for them to worry about now.

[struggler]

I have heard of people who have had to pay considerably more than 1% of their unit price to fix things. If this comes to be then why would builders even try to do the right thing? They may take the she’ll be right attitude – they will have the funds to fix it anyway!

How about the builders/developers have to fork out 1% of each unit price if they are found to not have complied with building codes or Australian standards? Then the only issues that would have to be dealt with would be settling cracks (can’t help that) perhaps a leak here, an adjustment there. And all done under the warranty. Next we will have to pay more for a new car! An extra thousand in case the auto windows play up in the first few years, or the engine goes.

I read of a tradie who operated without a licence was hit with heavy fine of $22,000 for putting up a fence. But have also read of builder/developer building a multi story residential block and inot follow BCA and then walk away with the owners having to foot the bill? An extra 1% for a self funded retiree or a first home buyer is a lot. In some cases the difference between buying and not. I have said it before and will say it again -when you buy something new you expect it to be faultless and you expect it to be repaired within a time frame if not. If that is so for a toaster from Kmart, why not for the biggest purchase you will make in your life?

[struggler]

I am with Cosmo and Whale on this. In m complex we Residents who want to pay backpacker prices but have the services of a five star hotel. I am over this attitude that you move into strata and you never have to lift a finger or pay for anything again. As I have pointed out to residents here, we can cover absolutely everything in this strata plan – if we double or triple your levies.

Why would someone not want to take pride in the appearance of their home by ensuring that it is maintained? Do you really want people coming to your front door and seeking dirt marks? And if the finger marks/Shoe marks are at your own front door, they would probably be caused by yourself, the resident, or people you have asked over. So get the spray and wipe out every now and again and save your building thousands over the years! And take pride in the appearance of your home.

[struggler]

Definitely need a strata description ie small, medium and large as well as identifying the different types of strata. It is no good getting advise when it is automatically assumed you live in high rise. And diffennt problems come up with villas, townhouses as opposed to high rise or low rise apartments for that matter.

Anyone moving into strata does need to be advised and acknowledge what you can do and what you can’t. Hwever, for this to have any weight the by laws should be enforceable and should be enforced.

Also when it comes to EC’s and the need for training, I disagree that this should be dependent on size. We may be classed as small here, 19, but we are talking about 10-12 million dollars worth of property which in my case is rotting and not maintained. EC’s need to be held accountable for not attending to matters in the complex. And as far as non resident owners being office beards, well the people who care the most in my complex about their units are the ones who don’t live in them. More importantly I feel tht anyone on the EC in any capacity must not have breached a by law themselves in the year previous. Our committee only has breaches, what chance is there that they will take action when they are too busy breaking by laws themselves.

And when it comes to the old parking issues, I fear that should clamping or towing be passed it would be one of those “if the owners vote for it”. In smalle complexes like mine, it wouldn’t be passed as even those who tow the line would be tempted to park if their car was still there the next day.

I was part of the submission for the strata law changes. I put in my two cents worth. But was disappointed to EC only 1600 responded. That’s not much more than the members of flat chat. When the majority of people I know in strata whine about it, it is a shame they don’t put pen to paper, or finger to keyboard, to get some real change.

[struggler]

You are not anal at at Whale. Just doing the right thing.

Perhaps you could mention to this party that I’d they want a quick and trouble free sale of this unit then it would be in their best interests to ensure all paperwork is up to date and correct. I know of people who have pulled out of a purchases because of having to chase up paperwork in a strata complex – they believed it was an Indication of the complex as a whole. And we almost lost a purchaser for one of our units because of chasing up some paperwork. If they want a buyer, tell them they have to dot their i’s and cross their t’s.

[struggler]

Further to my friends predicament. He has now been told that he should take the resident who parks the most to fair trading. I personally don’t think this is a good idea. 95% of residents park on common property. Who is to say which one is worse? Even parking once is a breach of by law. The one resident picked could claim discrimination if they have proof others do the same thing.

I suggested taking the OC on our their negligence of common property. The parking problem in my friends complex includes those who park on what used to be lawns and gardens adjacent to the driveway. The OC being required to maintain common property would therefore have to enforce the no parking by law in order to do so. This is of course the angle I was going for in my complex. Speaking of which, after telling a few residents that I intended to take on the EC/OC it seems the word has spread throughout. At the moment it would be more likely that I see a unicorn on common property than a residents car! And visitors actually have been able to park in the visitors car spots. Who would have thought. How long will it last though? Enjoying it while it lasts.

[struggler]

Your complex does sound like a lot of work Whale. I admire you for keeping on top of things, or at least attempting to. Because of your wealth of knowledge gained by self management, the rest of us here at flat chant get to benefit from your first hand knowledge of the Act, CTTT. It is because of yourself, and Jimmy of course, that I became aware of much of the act to the extent that I can now quote sections whilst attempting to assist friends in their strata enquiries.

My complex is the opposite of yours Whale. We have about 85% owner occupier here. Turnover is very low for all residents, they move in and stay. I too give new residents is little welcome to note. It contains the contact number for the SM, and website for fair trading plus the all important paragraph that states you can park in the visitors car park. And yet, despite residents all being long term, have to keep informing them. And have to keep attempting to be through their heads that there are strata by laws. My favorite owner was the one who stated “but by laws are only for renters to follow. I am an owner.”. He was shocked to find out it applied to one and all.

My complex should be the ideal, the dream complex. No high turnover should mean people are happy, like where they live, like their home and be proud of it. There should be minimal work for the EC and SM to do. After all, with the same people residing here for years they would notice if something was wrong in the complex and report it. They would definitely know the by laws by now and comply. They would know if no promised works had been carried out and ask why. But no. It is all someone else’s responsibility. By laws don’t apply to them. And nothing here is theirs, until they want it to be.

[struggler]

I am waiting for the day that someone’s hot chips cooking on the stove top catches alight. I mean it is a gas stove top, and the gas comes into the unit from outside, so it must be strata if the hot oil heated by the gas catches fire. So what can be done to make people realize that it is not “no care and no responsibility” in strata?

Ironic isn’t it that so many strata dwellers believe that it is all for someone else to pay for and take care of, someone else’s responsibility but at the same time they should be able to do what they like while they live here – change common property if they want, park where ever they want. Where does this mindset come from?

I have suggested before that when someone buys or moves into strata they should sign a PDS (product disclosure statement). The product being “strata”. They should sign where it says “I have read and fully understand the terms and conditions under which I am moving into this strata complex and agree to abide by the rules and regulations and understand that I am responsible for the upkeep and maintenance of not only my lot but the complex as a whole.”. Will they read it thoroughly – probably not. Will it stop people doing the wrong thing, or waiting for someone else to ring the fire brigade to put the chips out – no. But you would have a legal document of sorts that you could wave at them, that they have signed, that says they are infact responsible. And then maybe they will sit down, read the PDS, and spread the word. Something has to give. Education regarding living in strata is a must, not just for the EC, but for everyone. That is what I have submitted for the strata reform.

[struggler]

Glad to know I am not alone Scotlandx. Your scenario remin me of our complex having gutters cleaned out. Residents up in arms because debris landed other courtyards and balconys. Oh my God! Leaves iand dirt in your outside area! EC occupied for months, seriously months, to get a resolution to this problem due to resident complaints. I had residue too. I got a broom. I swept it up. Took me 15 minutes. As it always does to clear up outside. But I am surrounded by these people who think strata means someone else does everything and someone else is always responsible. Not to mention someone else always pays.

[struggler]

Thanks Scotlandx. Sounds flakey to me too. With all the whinges and rants I have had on flat chat and with fair trading over parking issues, never had I heard this one. My friend was told stat dec should say that he has witnessed this car belonging to unit x parking illegally. The problem in my friends complex is much worse than mine. My friend has been told to take each owner individually starting with the worst one. But is someone who parked there 5 days a week worse than the one that parks 3 days? They are all breaching by laws. The breaches damage common property. And the EC are not issuing notices to comply, whether too hard or because they park there too perhaps. So I would have thought taking the OC for lack of maintaince due to allowing breaches would be the way to go. One action against all.

[struggler]

I agree with Scotlandx that there should be a by law to cover such changes so that the OC isn’t left with the legacy of upkeep and repairs in the future. The EC OC should arrange a retrospective by law to cover,those already modified, and any other owners who wish to do the same, within reason.

Personally I would ask the EC why I was required to have a by law and pay for it when there isn’t a by law to cover the others. And should they go ahead with a by law be prepared for a slight wait. When we had a by law drawn up it would have taken at least 6 weeks of toing and froing, rewrite after rewrite before we got it right. The wording has to be absolutely right and applicable to the matter and the complex.

Jimmy has mentioned that the new strata law reform may include changes made to an apartment be the responsibility of the owner or any subsequent owner. So if they do not want to go down the path of a by law to cover all, them perhaps you could wait. A by law does just that, makes any change the responsibility of the owner.

[struggler]

In our complex we have some townhouses with a concrete tiled patio. We had one owner who proceeded to pull up the tiles and damage the concrete underneath. We wer able to intervene before more damage was done. There is much more to consider than it just being common property. From this experience above we found that there could be implications as this patio was part of the slab of the townhouse. I would ask the OC to provide an engineers report if they insist on removing this patio and not replacing it.

I am with Whale here were I believe that the EC/OC should restore this area to its original condition that is a tiled concrete patio area.

[struggler]

KP, if you could me a complex with honest owners who will do the right thing, please let me now as that is where is would like to live. In my complex, I know that owners have made changes within their units without permission. It is impossible to police even if we did have a well functioning EC. To ensure no changes are made we would have to inspect all units regularly referring to the original plans to check.

I am an honest owner but I think I will now jump on the band wagon. I am tired of being the Lone Ranger. What can the EC do to me when they don’t take action against those who they know have done something? I could go and put scaffolding out the front and what can they do? When others have left building materials and skips outside on common property for weeks and that’s been ok by our EC even when I complained. But what can you expect from a system where it states there are by laws that are to be followed, but there is no obligation or responsibility to enforce those by laws, but if you do make a change and the EC/OC let it go, then the other owners are responsible for your illegal handiwork should it all go awry. So people like me are left to fork out because people have called in a favor or rang uncle Jimmy to come over and rip out a wall, change the layout, change the windows. A system where there were by laws that had to be enforced, where there a responsibility to ensure they are enforced, and to make all owners present and subsequent responsible for any changes within their lot, with or without permission, in a complex with honest residents who do the right thing, that is where I would like to live.

[Author]

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