[struggler]

Thanks rthornburn. But it is pointless doing anything to pass on to this EC committee. One member we had to call the strata lawyers on for many breaches of by laws incluiding changing common property, destroying common property, not to mention the visitors car parking and using common property for their own purposes. Another EC member has been on the committee for 7 years and still does not understand the concept of common property and believes that iif someone pays for their illegal changes on their unit then thats ok and it’s their problem from now on. Then we have a new owner on the committee. Though I contacted this member about a problem, no correspondence was forthcoming from this person.

I offered to handle some correspondence regarding a breach of by laws for theathirst this was disregarded and the problem was allowed to continue for some weeks. We have had an owner make extensive changes/renovations to their unit obvious to all including the EC because of the skip bin left in the driveway for a week. But that’s ok they are paying for that and no ones car was damaged tirying to get around the skip bin! This is the mentality that I am dealing with. Not to mention the questionable changes made to common property for reasons that don’t exit. No, giving these people anything but a demand to comply with the Act

I was on the committee with these people. With all the knowledge I gained through my own efforts and through flat chat and Jimmy T and passed on to the people in this complex, it has all been for nought. What I need is for this committee to go.

Though this forum is anonymous, I am easily recognizable in the street. I am the one with the flat forehead with tufts of hair missing from each side of my head. The poor decisions making processes here will eventually come back and start to cost money to the owners, and I don’t plan to be around the see it.

[struggler]

The light at the end of my strata tunnel is getting dimmer. I have just re read the information package from our new SM. it states that no action can be taken re breaches of by laws without the EC’s permission. So what happens when the members of the EC are breaching the by laws? I would have to jump through even more hoops and take external action re parking, common property etc, all breaches that members of our current EC have committed, to have the home I thought I would have when I bought into strata.

So I can get a lawyers letter, at cost to me and to the benefit all, a building consultant, at cost to me and to the benefit of all, or I can go to fair trading to have members of the EC found in breach, at cost to me again! With the hopeless EC who doesn’t get around to doing anything, the chances that they find anyone in breach is practically non existent. A letter to the EC regarding one members behavior to an owner in regards to being caught out breaching a by law was met with nothing. No meeting, no minutes, no notice. And it has been noticed that another EC member lets his “friends” breach by laws and uses common property for his own purposes when it suits.

So to have the strata home I thought I had, the strata home I would like to live in, I have to spent my own money and my own time and do it myself. Or sit and watch it all everything go to pot. Sounds just like having a house. All the protections and benefits of strata are useless if there is not a rock solid requirement for it to be followed and enforced. Whats the point of having an EC, or any by laws? There used to be a spotlight at the end of my strata tunnel, now its just a candle flickering in the growing breeze.

[struggler]

Thanks Scotlandx for taking the time and effort to send your informative and positive answer to my latest question. Yes someone has to step up to the plate. And it would seems that someone will only be me.

I really appreciate you taking the time to reply and your supportive comments.

[struggler]

Thanks for the advice. So how much would I be up for to get a building consultant to get a report done? When I first found a maintenance issue outside my unit I suggested that the entire complex be inspected for similar problems. To the best of my knowledge this wasn’t done. It is now 7 months since I reported this issue.

I have other maintenance concerns in the complex but am reluctant to report not only because the last maintenance issues are still outstanding, but also I doubt this EC’s capabilities to make a logical decision. The EC has difficulty in comprehending common property let alone the consequences of a maintenance decision. The wrong decision could impact not only the complex as a whole but individual units directly. In the past couple of years they have made some questionable decisions. When asked why the answers did not make sense. Pointing this out only leads to an angry response.

[struggler]

My parents lived in a house, north facing, with 180 degree water views. And they hung their washing in front of the front windows, blocking the view and visible from the street. This despite the fact that they had a large backyard with sunshine most of the day and a hills hoist. I thought that in strata I would be protected from such sights. There isn’t anything you can do in a house about where an owner puts their washing. I could imagine my parents neighbours having friends over and showing them their view “if you just look over there to the right past the flannette pajamas and night gown you can see the city skyline.

Now my vista in not nearly as glamorous as my parents had. But none the less, I look out at some garden greenery and a couple of front doors. A neat and tidy outlook. That is when there is no washing hanging up there. In our complex we all have courtyards and our own individual clothes lines. Plus ample room for drying racks. And we are all in the same boat during winter and extended periods of wet weather. Most of us suffer with laundry hanging within our homes with multiple drying racks.

When I lived in an apartment, I had a clothes rack on the balcony under the height of the railiing as did most residents. I could sit on my balcony and enjoy my outlook without having everyone’s washing in my line of view.

When my parents home was sold, my mother wondered if I thought she would miss the view. Uhhhh, no. In fact, in her new home the view is the same. The washing is across the window that provides the view to her garden. But this time not visible from the street nor by neighbours.

I am tempted to hang my washing for all my neighbours to see when the look out their front windows. Not the white cotton sheets but the old white t shirts that had greyed with stained armpits, underwear that has well and truly had its day and mismatched socks with holes at the toes. What a delightful sight to greet them when they open up their blinds in the morning .

[struggler]

As I am once again confronted with the sight of washing in my face as I enter/exit my front door, I wonder as to just why someone would want to let all the world see their unmentionables.  Though this at the moment may be a good distraction to anyone to the complex in that they may not notice the disrepair and lack of maintenance.  But I digress…..

In our complex, a townhouse complex, the issue of washing has a different approach.  In a unit block, I believe that if the washing is kept under the railing on the balcony, then one couldn’t clearly see it from the common areas outside and neighbours could only see if they lean over their balconys in most instances. Here, my neighbours have their garage doors open so not only is their washing visible from the street, but from the front doors and windows of neighbours, and everyone has to drive by/walk by with this display at eye level.  But, if they had any common sense, they could close their garage doors 2/3 of the way.  Then it would not be clearly visible from common property, would not be visible at all from the street and neighbours would have to crouch down on all fours to see into their garage, which I would deem a breach of privacy!  An semi open garage door could be for cross ventilation purposes and it would be sufficient to allow an air flow into the garage and facilitate drying.  And no one would or should know it is washing behind that door.

Another reason I believe should be considered when washing is clearly available is that it can tell someone outside who and how many live in a place and in some cases where they work or what they do for a living.  And in the case of the wide open garages in this complex, it allows access into the units without contest.  No deadlocks, no exterior quality doors.  Just a little interior door, the kind you have into the “powder room” with a little twist lock.  Anyone could just walk in, and they already have a fair idea of  who lives there by having a look at the washing.  

So should an EC advise residents that this practice of leaving their garages and therefore their homes open to the public may not be in their best interests let alone the issue of the unsightly washing?  Or do we wait until something happens and the residents say “well someone should have told us not to do that”.

[struggler]

I have thought of doing repairs myself FCF. But I would do this the week before I put this place on the market. I can honestly say that no one would notice me repairing common property. They all walk around with blinkers on not just the EC. And to fix the common property on my place and having it looking well maintained. – I estimate total cost would not be that great so would be happy to be out of pocket to be out of here! Total time for the works, half a day. The funny thing would be when the EC finally did get around to doing works in year or so they would repair the same areas because they just wouldn’t look! So there is no chance of getting into trouble for repairing common property.

I do think a lawyers letter would get their attention and get their back up. But there is too much to do now, they cannot possibly get it under control. I don’t believe they are capable of getting everything done. So a lawyers letter will cost me money, but nothing will actually be achieved, then I apply to CTTT to have declared dysfunctional. Though I am not ruling out a lawyer by any means. Something has to be done.

Have just found out that our new agreement for SM was only actioned yesterday. There seems to be a gap in time from old SM to new that I am trying to confirm. The more I have on them the better. I hope that the new strata reforms contain something making ECs more accountable. It isn’t that difficult. Someone tells you there’s a problem, if its common property get quotes for work, agree on quote, get work done!

[struggler]

Have considered all my options again. If I sent letter from lawyer, could it not still end up in CTTT? Then I am out of pocket for the lawyer and it still ends up there. I don’t believe that letter from lawyer will cause them to get up and do anything because quite frankly there is so much to do and I do not believe they have the ability or capability to put more than a dent into the works. Any quotes they have obtained have lapsed by now. And not attending to maintenance issues in the first instance, in a complex that is getting to an age that needs more attention these days, has meant more maintenance issues are springing up, meaning more to organize. If they had attended to issues as they arose, then tackled the next,one, they wouldn’t be in this predicament. But they don’t get around to anything.

The committee member just don’t get around to even thinking about what they have to do. I was on the committee with one of these members and they did nothing just waited for someone else to organize (me) investigate (me) and follow up (me). There was only one other on the committee who would ask what we were going to do or who would help. So now no one checks the corro, no one follows up. They are waiting for each other. Meanwhile the work list is getting longer.

So I believe I should send them a letter giving them a week to give me a schedule for works in the complex. If they are organized and functional, this will just be a matter of typing or writing it up. If they haven’t organized anything, this will not be possible. I will find out if we actually do have a new SM yet! If so will get their details, and leave a little note to owners detailing what is going on, or rather what isn’t, and get them to complain via the n SM about the EC and lack of work. If the owners don’t get up, we will see the same quotes coming around for the same works/maintenance at the AGM for the third year.

I really think that we would be better off without this committee. W have one member who breaks bylaws when ever possible and is only on the committee I believe so he can know what is said about him. We have one who is not aware of much about strata and doesn’t comprehend what common property is and thinks everything is ok. And one who is new to the complex. Does not know the history of the complex or of those he is non the committee with. I did feel sorry for him until I contacted him about a matter. No reply. So he is on the right committee!

So while I gather info and get my act together more time will pass. May not be possible to get works started asmwemgetm into the last months of the year. Of course they will blame the change of SM. well apparently that only happened officially this week, to be confirmed, 6 months after the need to attend to maintenance was pointed out to them. Then they will blame me for not attending the AGM (apparently I should have cancelled my trip away then they would have organized something!). So fasten your seatbelts, it’s going to be a bumpy ride!

[struggler]

Great to have you back online Whale. Always enjoy reading your words of wisdom. Am envious of your grey nomad adventure. At the moment the thought of living permanently in a Winnebago is more appealing to me than living in strata. However, I look forward to the day I too can hit the road.

As far your your issue, I believe I have read elsewhere in the forum that a by law such as you suggest may not be possible. As far as having tenants in your complex who have been behind in rent previously, that really will be a problem for the owner and housing commission. You can only hope that they follow by laws and don’t cause trouble for the complex as a whole.

I had an investment property. I had tenants in at one stage that were on welfare, had no real references and I gave them a chance. They fell behind in rent and did a runner. Had some minor damage in the unit but nothing that could really be said was deliberate, just not reported. But I didn’t receive any complaints from the OC about their behavior, or breaching bylaws. So it really only affected me. My landlords insurance took care of most out of pocket expensies. But I was thankful that they didn’t cause any trouble for my neighbours.

[struggler]

I believe that if the OC has given permission for someone to build on common property, without an exclusive use by law drawn up, then the OC is responsible for the maintenance, upkeep etc.

Did this owner get permission or not? He would have to have council permission to build and council would want OC permission? Even if you lived in a house you would need To check council guidelines.

If there isn’t an exclusive use by law for this owners construction, I would suggest your complex get one.

[struggler]

Ay, there’s the rub, flat chat fan. I cannot sell my property, not with the wood rot out the front that is even more evident now it has been left to fester for over 6 months. And there is more maintenance issues that I haven’t even bothered to point out the to EC. What’s the point when they don’t attend to anything, nothing, never get around to it. Then have the audacity to say it is because of owners like me who dont bother coming to the AGM that no work gets done! I have missed two in twelve years but did organize a proxy for those two. There is a reason why no work gets done around the complex and it has nothing to do with owners showing up at AGMs or EGMs. It has to do with the EC simply not getting it done.

My place is perfect. I like the layout. I like its position. It is enough room. Close to what I need to be close to (family, work, friends, facilities). Far enough away to still be a bit “country” whilst istill being well within the reach of the city. If the place was well maintained and ran well, I would stay until I walked out of here on a zimmer frame to the old folks home, which conveniently has opened up just down the road.

So another night considering my options. Thanks again Chris for that advice. It may well be worth at least talking to a lawyer about it. Then see what to do next. But it ally shouldn’t come to this. It should be compulsory for an EC go address issues of maintenance.

[struggler]

What to do, what’s to do?

After a sleepiness night considering my options thought I would put it to my fellow flat chatters. What do you think I should do or what would you do in m y position?

A brief synopsis – an EC who do not get around to doing any work, a complex that is need of repair, a complex that is full of people who don’t know what has been happening behind the scenes (nothing) and just think someone else is getting the work done.

So do I demand a time line of works from the EC, quoting the relations sections of the act (that quite frankly I don’t believe they would know what the act is) and tell them to produce this in a week? An EC that has meet discussed and organised quotes should be able to produce such in a week. Then tell them if they do not produce this I will take the matter further, advising their actions are sufficient to be found dysfunctional and again quote the relevant act? Do I leave a note for all resident owners telling them the EC has yet again not arranged any works and that if they want action they have to tell them to get on to it? Otherwise they will produce more quotes for the same works at the next AGM for the third year in a row? Or should I do both?

Any input or encouragement would be welcomed?

[struggler]

Thanks for your reply cbf. The change to the new sm was approved at an EGM in June. Notice to terminate previous sm was given in March. Old sm than told EC in May that agreement finished at end of June.

So cbf are you saying that old sm would not or could not send out all our info without receiving the signed agreement for the new sm? I would have though that you send of new agreement to new sm then on receipt they ask old sm to pass on details? Not the case? I hope to get more details about all of this.

The agreement was only faxed off yesterday morning after the shamozzle about the unit for sale. The sale did end up going through by the way.

Nevertheless there isnt there a responsibility of the EC to notify the owners/residents about what is going on? After the EGM, I believe they should have written to all and advised who to contact about matters until what date. That is contact the old sm until further notice. Then tell all that new sm is in force from next week or whatever. But nothing. We have had no idea. I thought we were under the new sm. I contacted them but they hadn’t heard of us. And I bet we don’t hear anything from our EC.

I rang Fair Trading who said that collectively the actions of our Ed are grounds to find them dysfunctional. And then today I find that one of the EC is using a visitors car spot to park their surf ski!!!!! Together with the lack of maintenance which I have previously outlined in various posts, we need someone to do something if only so I can sell up and get out!

But you are right cbf when you say the inaction by all. It is the complacent, lazy owners of this complex who walk around with blinkers on and don’t ask or follow up themselves. But they want everything taken care of and all to be perfect with no input from themselves. I am the only one who seems to be aware and annoyed and wanting to see some action, who has noticed that nothing has been done despite the promises of the EC and who wants to make some noise.

[struggler]

Chris, just want to thank you very much for not only your words of wisdom on this matter, but also for your company’s sponsorship of this forum. Without both, would be very hard and time consuming to find such info to know what actions are available to take. Not only for me but for all the flat chatters you have advised.

Am considering leaving a note for owners. They are totally unaware of anything that is happening at the moment. Unfortunately this is not only the fault of the dysfunctional EC, but the “it’s all someone else’s problem” attitude to living in strata that owners here. I have been concerned for months but, as I have posted previously, it seems to be only me who notices or pays attention and it is therefore only me who wants to see something done. The others walk blissfully through the complex, not thinking that their indifference affects them. They walk past a broken post or light and don’t report it because that is what the EC do. And iwith an EC that does nothing when the problem is pointed out to them, then something has to give. I need owners to get angry and get aware and be concerned.

[struggler]

If the committee gets all residents email addresses the sends any notices or correspondence using blind copy (bc) then that should satisfy most peoples privacy issues.

W had an email set up for the committee/residents. We never gave residents access to each others email addresses without permission. So if the person in unit A wanted email address of unit B, we would ask unit B for permission to pass it on.

I would not like my email address handed out to all and sundry. They know who I am, they know what unit I live in. There’s my letterbox and my front door for any notes, and that’s enough contact for me with my neighbours. Infact with some it is too much contact for me.

[Author]

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