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If the cost for Colourbond was higher AND cost was the only issue, then a sensible compromise would be the party (your neighbour) who wants Colourbond to pay the difference.
But it sounds like cost isn’t the issue – the issue is appearance?
Your neighbour COULD – if they have the readies and the attitude for it, just build a Colourbond and pay for it all themselves and damn you all….. and then those of you who want the paling fence could build it on your side of the boundary line, to shield their eyes from the awfulness of the Colourbond.
I think your only option is to try to tip the votes in favour of the option you are after.
I don’t think there’s a “professional” organisation of Strata Managers (eg like the Legal Practice Board or similar for lawyers) that you could complain to (possibly because the word “professional” is rarely seen in company with the words “strata manager”….?).
But surely your Strata Manager has a boss, if they are just one Manager in an agency? I’d start by calling the office and seeing if there is anyone “higher up”, and repeating what you have said here. It does seem unprofessional.
Otherwise, hold your head high, and simply tell anyone who cares to listen that you are simply concerned that things are done correctly, otherwise the cost consequences could be immense. Bringing up $$$ often makes people sit up and take notice.
Also, are you on the Committee? Can you get on the Committee? Surely someone with your knowledge should be there, not just barracking from the sidelines.
Legal or not, it sounds like you are on a hiding to nowhere. Get out now. It’s not like there’s not cheap rentals in WA at the moment!
Fact is, you have signed something, and it’s not going to be worth your while either monetarily or in terms of your time to challenge it.
Only other thing I can think of is to be overly friendly, and either:
a) usurp the son in the affections of his parents, and maybe get in their will;
b) get their mobile numbers and constantly send little “hellos” or “I made a cake – want to drop around?” or “there’s a lightglobe out and I can’t reach it”. Hopefully they will think you too weird to be around; or
b) make a move on your flatmate’s mum. Might dissuade the parents from visiting…..
Hi Valakos,
It SHOULD be a simple matter, of course, but it sounds like the “Elderly Member” is going to obsfucate and deflect to the greatest extent that they can. So you must follow the appropriate steps and try to keep the Owners’ Corporation on point.
Do you have a written report from the person you engaged to assess the damage? That’s going to be useful. Then follow the steps outlined in NSW Fair Trading’s* “Strata Living” document (page 43, “Getting repairs to common property done”):
1. Talk about it: write to the strata committee or strata manager or access the scheme’s internal dispute resolution process
2. Submit a motion to the secretary for inclusion on the agenda of a general meeting for consideration eg “That the Owner’s Corporation acknowledge that the damage occurring in Lot ? [Valakos’ unit] is damaged caused by [concrete cancer] in common property, and that the Owner’s Corporation undertake to repair the [concrete cancer] and the damaged caused to Lot ?. Attach your expert’s report to your motion.
3. If not resolved, apply to Fair Trading for mediation
4. If the matter remains unresolved, apply for a determination by the Tribunal.
*Assuming you are in NSW. There will be similar procedures in other states.
An observation only, but I would agree – if the Body Corporate has done everything in their power to comply with the legislative requirements, it would be a stretch to hold them liable for something they didn’t do – which is to wilfully remove the lock. If the BC was to be sued for an injury caused by the removal of a window lock, I imagine they would join the individual who removed the lock to the proceedings and shift the blame.
I do find Managing Agents often have a loose grasp on reality in such matters. It was recently suggested to our BC that we remedy (ie pay to fix) a situation caused by a 3rd party, before the Managing Agent had even contacted the 3rd party to give them to opportunity to remedy their error. Shheeesh.
Frankly, despite it being a joke, it’s not a bad idea. It’s like companies profiting from exporting Australian natural resources – something should go back to the ciountry. Similarly, if you are going to enjoy the natural beauty of the view, to the exclusion of others, perhaps you should pay, Mostly I just want to be on the committee that rates the views to determine the rate of tax!
@Topsheila said:
That sounds strange to me. No one in your building is interested in how much their levies are, or will increase by at a new AGM or how much money the SC spends or what they spend it on?Unfortunately I’ve spent long enough around strata owners to know that this is indeed the case. People simply cannot be bothered. Even to their financial detriment! It’s always’ “SEP” – someone else’s problem. Specifically “the strata’s” problem. No-one seems to realise they are “the strata”.
Not wishing to throw petrol on the fire, might there be an action against the former Committee members who cruelled your opportunity to claim against the builder’s warranty? Insurance for Committee members actions is an automatic insurance policy for most blocks…..
Hi Bah777,
I wouldn’t send gift cards. Rewarding people for unreasonable behavior sets a bad precedent. And other residents my then see you as “soft touch” and think you’ll pay up any time they complain.
What’s happened with the airconditioning installation is over, and dealt with by the installer. No-one will recall it in a month. And one day they are going to install something, and disturb you for a day, but life will go on.
Move in and enjoy the renovations. If you work long hours you probably wont see anyone much anyway.
Best wishes.
Who is the owner of the units? Have you been in touch with the owner about the issues? The owner does have a responsibility to ensure tenants abide by unit bylaws etc. Suggest you start by reminding lessor, visitors and owner of bylaws (presuming your bylaws have provisions regarding parking in proper areas and proper disposal of rubbish) and suggesting that if issues continue you’ll be serving notice of breaches, which can result in fines.
It seems that we aren’t talking about short-term lets here, but short-term visitors in a long term lease. In which case the lessor (NSW Health) is responsible for the behavior of its visitors.
It does concern me that people who seem to have a role in society assisting people with their health (medical staff) can’t differentiate between bin types, or grasp the principles of rubbish disposal. Not the sort of people you want giving medical advice…..
Before you embark on a possibly long and drawn out process, is it possible for you to get an Australian lawyer to send a letter to your former landlord enclosing the judgement of the Victorian Civil and Administrative Tribunal and saying you will commence an action for enforcement (collection of the judgement) unless they pay up? Often a lawyer’s letter is enough to scare people into doing the right thing.
It seems to me that your being overseas shouldn’t interfere with your ability to compose and swear an affidavit. Here’s some resources for you:
The form of affidavits required in Victoria:
https://www.justice.vic.gov.au/home/justice+system/legal+assistance/affidavits/
(note “Each court and tribunal has special rules about the format of an affidavit, so please check with the relevant court or tribunal if this form can be used for your matter.”)
The Tenants Union should be able to help with the wording of the affidavit.
Whilst the first website seems to suggest that affidavits can only be sworn in Victoria for use in Victoria, the EVIDENCE (MISCELLANEOUS PROVISIONS) ACT 1958 – SECT 125-
https://www.austlii.edu.au/au/legis/vic/consol_act/epa1958361/s125.html
seems to suggest that an affidavit that is properly sworn elsewhere will do.
But to be safe, probably best to get the affidavit sworn before an Australian justice of the peace, which you might find at the Australian Consulate-General in Hong Kong:
https://hongkong.china.embassy.gov.au/hkng/SRVAU_NtrSrv.html
Hopefully it will be a matter of issuing a summons to your former landlord and they will pay up immediately instead of being dragged through the court.
Is the garage locked? Is the owner around during the day?
Seriously, though, the action in the Local Court under Access to Neighbouring Land Act 2000 may be worth filing and serving just to see the look on your neighbour’s face when they get it.
I don’t know the act and have no advice as to whether it’s the right one or not (although I suspect the Magistrate might see the words “Strata” or “unit” and send you straight off to Fair Trading). But you might be able to bluff your neighbour sufficiently to get a few hours access, rather than have them go to court. Or it may be your neighbour is a QC, in which case you are stuffed.
Do the unit owners with gardens keep the gardens in good nick? Do they enhance the appearance of the building? Perhaps the common burden of the water bill should be seen in the light of maintaining the common amenity.
Are you absolutely sure the gardens belong to the garden units? Are the garden areas on those unit titles? Or might they actually be common property that over the years has been fenced and sort of made a part of the garden unit?
Just out of curiousity, are you in Sydney? Why on earth do you need to put drinking water on your gardens? Doesn’t it fall from the sky pretty regularly?
Information here on how to change (add) a by law:
You’ll need 75% of owners. It seems that numerically the apartment dwellers outnumber the garden units, so you may get that. Unless the garden units are large in comparison to the other units and they may add up to a greater “unit entitlement”.
This document tells you a lot about installing meters:
You might like to get a quote from a plumber about how much this will cost; that may put the complainers back in their box.
I agree, the garden unit dwellers may have something to say. After all, some may be water misers with water-wise native gardens; their water usage may pale in comparison to the guy in the apartment with a hygiene fetish who showers 4 times a day!
If it’s on the owner’s title (on their portion of the strata plan) and not marked as common property, it’s probably the owner’s responsibility. What does the owner think? If other owners accessed that part of the property, would s/he object? If so, the owner probably considers that it is part of their lot.
What are the implications of structural instability? Are you concerned that if it falls down the owner will try to recover from the Body Corporate on the basis that it wasn’t approved by you?
You could try passing a special by law to state that additions done before a certain date and incorporated in a unit holding are henceforth considered the owner of that lot’s responsibility. That might at least draw him or her out….
I can’t help a lot but wonder if they aren’t the original tiles on the walls and floors of the bathroom, then they shouldn’t be considered common property…. Similarly if the membrane isn’t original but has been applied, like the new tiles, onto the common property, then it’s not common property either?
However, pipes and electrics will presumably cross into common property walls (those on the boundary of your property) so will need a resolution of the OC, and a special bylaw.
Perhaps get some quotes from some strata lawyers (plenty named on this site) for the special bylaw. You’d think it would be a pretty standard thing to whip up by someone experienced in that area of law….
There’s always safety in numbers, so are there any other owners thinking of renovating that you could join forces with?
Good luck!