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With every posting n this forum I am belong disillusioned with the illusion of living in strata. Is an owner can change the exterior of their townhouse with the installation of air conditioning, and this is given the stamp of approval by the CTTT then what’s the point. Let them change the front door, the garage door, the colour of the paint outside.
I wonder if any of the people who make decisions regarding strata actually live in strata. It would affect how one would see the circumstance of a complaint if one did not actually live in the same conditions. An air conditioning unit at the front of a house is totally different from an air contiioning unit at the front of a townhouse. Perhaps the ruling of the CTTT would be better if those making the decisions actually lived in similar circumstances.
And again I ask, what’s the point of strata by laws regarding common property if when someone makes an unauthorised change, the ruling is in favor of those who make that change. Im sorry but I was under the impression that if you changed common property or the appearance of it without permission you had to return it to its original appearance. It should be cut and dry. You can’t change what you don’t own. And if one changes all would be allowed to make similar changes. And if those who were assigned the power to make such decisions lived in a complex and could see how it would affect the appearance of their home, perhaps the outcomes would be different.
Everyone buying a new home needs to really look into it. Especially those first home buyers as that government handout is not much use if you then have to fork out as much or more in order for your new home to be “perfect”. I have bought off the plan. I had that deer in the headlights look when I thought of how fantastic it would be to live in a home that no one else had ever lived in and that would not need anything done to it for years and years. And though it is great to have a home that has no one else’s stamp upon it, I realize that there is no such thing as perfect in a new built and that there is always something that needs attention.
My experience pales into insignificance compared with some off the plan purchases. In my complex the amount we had to fork out for our new homes to meet building codes and Australian standards was minimal, though annoying that we had to pay anything at all. After my own experience and read about many more, I would never buy off the plan again. And not just in strata, but new house either. Same problems can appear there. Sure a 1950s block of units or that 50 year old house will need money put into it, but you expect that. You don’t expect something new needing a cash input to fix it. And if those involved in the build are never found to be responsible, why should they ensure a good job is done?
I would however buy a new car again. That experience has been very pleasant. I get that feeling that no one else has driven it, and when something goes wrong it is fixed, within the warranty period, no question and without cost! And if the manufacturer has numerous cars with a fault, they are obliged to recall and check each and every vehicle for the fault. If only we could be as safe when we sleep in our own homes as we are when we drive away from them.
I bought off the plan some years ago. I had stipulated items in the contract that on inspection were wrong. I seem to recall my solicitor telling me that should I go ahead and settle then these problems would be mine and it would be hard to change them as I had accepted the property by settling, or words to that effect.
I also found an error in the contract. Something that was mentioned as an inclusion that wasn’t. I ended up making a deal with the builder – you do this and I won’t enforce that! Was it a fantastic result – no. Was it good enough – yes. I realize you are disappointed that your new apartment is not what you stipulated in your contract, but if you do like it and don’t want to or can’t go elsewhere, then I would take their money, then settle and live with the white ceiling. Not what you wanted I know, but it means some extra money in your pocket, somewhere to move into and a battle you don’t have to fight. There are enough worries with moving into a new home, and Lord knows there are enough stresses with living in strata. So lighten your load if you possibly can.
23/10/2012 at 4:05 pm in reply to: EC asks owner for $100,000 to repair the roof above their apartment. #16966I agree with Apartmentalize. That is exactly what I would do to, move out and let the water leak down into apartment below. I have lived on the top floor of an apartment complex (though it was no penthouse) and just as the roof space above me was not mine, neither was the roof that sheltered all of the units in the complex not just those on the top floor. I would have thought that was the case most of the time unless the roof was on title or in a special by law. If a roof leaks it could affect the structure of the building.
I hear you VNL. I too am dissolusioned with strata. It is not what iblieved it should be. We have by laws that residents have to follow, but there is nothing to compel an EC/OC to actually apply the by laws. Though they can pick and choose which by laws they do apply.
I wanted the protection that I thought by laws afforded me. I follow the rules and regulations. And yet I am surrounded by people who do their own thing with impunity. But if I want to put down floorboards or a new kitchen I have to ask/advise or I am in breach of. And despite letting others get away with breeches, they an find me in breach of if they want to.
Not to mentions he fact that they EC isn’t doing any repairs despite being advised of problems by me. But they aren’t responsible for maintenance. The OC is, of which I am a memberr of and I, the only one who follows the rules, has advised the EC but despite me being on the OC iand therefore responsible for repairs i can’t get the repairs done because the SM will only act on the direction of the EC, who aren’t directing anyone, not the SM to do repairs and not the residents who are in breach of. But the EC arent responsible for maintenance. It’s me snd the rest of the OC who is!
Of course i can take these matters further to fair trading and CTTT. So here I am, dumb bunny, does the right thing, and has to spend own time and energy and maybe even money taking action to get done what should be done in strata without question. Otherwise why have by laws? Why have the act? If no one has to make anyone follow them, why have them?
So the SM is not acting on the instructions of the EC? The only thing I can suggest is that the EC has to keep on top of things. Put everything in writing, including following up phone calls in writing. If you ask the SM to do something, then make a note and follow it up.
Our SM was not fantastic, but by taking this course of action, things did get done. I would not tell an SM to do something then go away believing it would be attended to. I would wait and then ask the status of this matter. And the level of service very much depended on who was actually managing our complex at the time. We have had some doozys
If your manager is a very large one, they therefore will have lots of properties on their books. So when your matter comes before them, it could be overlooked becau of a another matter at another complex. I am by no means making excuses for strata managers. I complained constantly when I was on the EC. But some things can get over looked. So i would chase things up, they would apologise and start the ball rolling and the job would get done. And all would be well until the next time. Though there were many times that they did get things done immediately. But you can’t expect that.
A SM will have many clients, where as a complex has only one manager. So it is easier for you to know what hasnt been done at your complex than it is for them. So follow up on matters when you haven’t heard back.
Make sure that any insurance policy you get has office bearers insurance. This is not necessarily standard in a strata insurance policy.
And keep an eye on claims made on your policy. Our previous SM was making claims for anything and everything on insurance without our knowledge. We questioned this as, from own personal experience with insurance, claims on insurance lead to higher premiums and wouldnt that lead to higher commission? We asked for a list of items claimed on insurance. Got a two page list!
From all I have read and all the info I have gathered it seems that the though the EC is the representative of the OC, they aren’t accountable for doing not attending to maintenance issues that have been brought to their attention. I now wonder why I bothered all those years in getting repairs attending to.
And Juan u are right, I do have the knowledge. I know the name of a guy who can repair the outside of my unit, and the number of a company who can replace the fittings and fixtures on the outside of my place. Infact they can do the work in a couple of hours whilst I am out inspecting a house to buy. And no one will notice, and what if they do? Have proof they haven’t done anything to anyone else. I’ll get my place done, get rid of it and the rest of them can battle on themselves. I just want to live in a well maintained place.
Ok. This is the last time I post to harp on about the definition of the EC, but where I say “the OC has a legally binding duty to maintain common property” the people I am dealing with on the EC will say that the OC is me so I should organize to get the work done! This is what I am doing with here.
So can I say “the OC has a legally binding duty to maintain common property and the EC as the respentatives of the OC should ensure that such maintenance is carried out”? You see this is the problem here with most residents. They think the OC is the people on the EC. Some on the EC know there is an OC and an EC. So if I say it’s the OC responsibility to maintain, most owners think that is the EC and those on the EC will say that I should do the work as I am on the OC not the EC!
I have been spurred on with this issue of no maintenance after receiving a call from an elderly resident asking me for help for a maintenance issue discovered. It is the same issue that I reported at the beginning of year, that I had the audacity to suggest that all such areas of units be inspected for the same issue and guess what, this problem is popping up all over the complex. So I really need to get something done as I am the only one capable of doing anything and want to get this correspondence organized.
I really need to let the EC know that they cannot put their hand up for the committee, go home and shut the door and ignore issues brought to their attention. I have to let them know that they have a responsibility and if I say it is an OC responsibility then they will honestly not think it is them, because they are the EC! If I cannot say that the EC as respentatives of the OC have a responsibility then m corrospendence is doomed to go nowhere!
Thanks i really Appreciate your reply Jimmy. Will use your wording as a guide line for my correspondence. Though I am loathe to detail the maintenance work to be done as I feel I will again be doing the work for these people, just as I did when I was on the EC, I did the work whilst they sat back and said how easy it was. In May A member of the EC sent me an extensive list of work that needs to be done around the complex and now hard it is to get things done (now i am not on the ec to arrange things?) and to my knowledge absolutely nothing has been done. So I iwill ask them for their action plan as you suggest with revised quotes and dates and see what if they actually remember what needs attending to!
In our complex, we had a by law drawn up to ensure owners were responsible for their own internal plumbing and for leaking bathrooms/showers etc. so we not only have to pay for our bathroom repairs but had to make our own arrangements too.
You would still be paying for it if the OC did pay for accommodation for you. It comes out of funds that you have paid into. And if they pay for your accommodation, they would have to pay for everyone in similar situation. So say you have 20 units. Accommodation for two people for two nights in Sydney about $200 per night, $400 per stay. Times twenty is $8,000. Plus cost of bathroom repair. Say repair was $500 per bathroom. You have just about doubled the cost of this repair. So to cover such increased costs you would have to raise the levies and so therefore you are paying, one way or another, for your accommodation, even if you never need it again.
I am looking at getting a bathroom repair done. Only have the one so will be doing the sponge baths and showing up to friends places for dinner with not only a bottle of wine, but towel, soap and bathrobe!
It’s not just the concept of the visitors car parks that some people have trouble with, in this complex it’s the concept of common property (under which visitors car parks would fall) that people here either don’t get or don’t want to get.
Last week bags of rubbish were left on common property. This week building materials have been left in a visitors car spot. No doubt to make a change to common property without permission. And the EC all pass by with their blinkers on. Not doing anything about it. But why would they, I am still waiting for them to carry out the maintenance of common property. Its only been 10 months. They aren’t doing anything there, so why bother themselves with anything at all.
Your EC should have advised of works in the stairwell as this would presumably affect access to your complex. It may well have been necessary to tile the area as removing the mowings might have damaged surrounding tiles. I would think this would be a repair. You wouldn’t want anyone tripping and injuring themselves on common property.
I would have thought that it would be necessary to have a by law drawn up stipulating that the windows were now considered an owners responsibility. Passing a motion that owners have two years to replace their windows doesn’t take into consideration future owners should they have problems with their window frames. If someone moves into the complex in three or four years and they have a problem with their windows, where is it written that owners are responsible for their repair/replacement?
08/10/2012 at 1:14 pm in reply to: what to do if strata cannot pay for repair of external windows? #16749I believe it is a requirement in NSW for a strata plan to have adequate funds to cover any maintenance, unexpected or scheduled. When I was on our EC, we used to keep it at about $1,000 per unit. In total, this amount looks impressive, but in reality it isn’t a lot of money should a major repair be needed for a unit.
We have had a major unexpected expense. We organized a special levy with additional payments spread out over 3 quarters. We had the money in the bank to do the work immediately, the special levy topped up the funds back to the original level. It isn’t good enough these days for an EC to say there isn’t enough funds in the bank to cover repairs.
If my EC acts on behalf of the OC as directed at AGMs EGMs or by matter of maintenance being brought to their attention and they infact do not act on any of the matters brought up by themselves or by others, could I say that I hold them, the members of the EC, accountable for any lack of maintenance that affects by townhouse directly, by appearance or loss of monetary value?
I really need to get their attention brfore taking this matter further. I really need to word this correspondence correctly.
I sent my EC a letter complaining about the actions of a member of the committee continuously breaching by laws at the beginning of the year. I was sent back a letter stating all the work that the had to do and therefore they didn’t have time for my complaint. It seems that they haven’t had time for any of the items on their long list either despite arranging an EGM to agree on quotes for work in May. Getting that reply in writing with the list of maintenance was worth them not addressing the issue I brought to them.
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