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Strata legal advice + impact on any insurance would be on my list.
I am wondering if a by-law will work if they’re already in the building given the wording on one license agreement our EC has seen includes this language:
“”Owner agrees with XYZCo that it will not, after the date of this agreement, grant to any other telecommunications carrier or carriage service provider any right which is similar to any of the licence rights contained in clause 1 if their equipment will in any way conflict or interfere with the Equipment and/or reliability or performance of XYZCo’s Internet and mobile services.””
It will depend on what OC’s have signed up for.
Axl: Denying access to our internal building cabling (which is common property) has worked for our OC & now NBN is busy installing in our building.
Naivety showing… is it possible to enact a by-law which will keep the requirement at 100% in favour of selling?
Don’t know if you need a lawyer we haven’t thus far. Things to remember:
1) You’re under no obligation to provide power for free.
2) The Owner’s Corporation owns the internal building cabling so you’re under no obligation to provide access to it.
3) If you do accept an offer supervise the install so that there will be room for other equipment in the comms rooms/cabinets down the track. i.e. make sure no one company is making a real estate grab for space & excluding others.
As for the NBN your Owner’s Corp may contact them directly & find out when you’re due for an install & if there are any ramifications by accepting another ISPs offer. There is much more info on ISPs issuing LAANs on the whirlpool broadband forums here (search for LAAN, FTTB and/or crosstalk): https://forums.whirlpool.net.au
If you want to read more, Schedule 3 of the Telecommunications Act is here:
https://www.austlii.edu.au/au/legis/cth/consol_act/ta1997214/sch3.html
This blog post from last year may also be of interest:
https://blog.lindsaystrategic.com/2014/04/08/carrier-access-powers/
You need to check the building code (BCA) as a start. There are mandated sizes, heights, natural light & ventilation levels for different types of rooms.
You can register to view the BCA for free on-line here: https://services.abcb.gov.au/NCCOnline/Account/Register
You’ll also need to check your local council regulations & Owner’s Corporation by-laws. You also need to make sure you don’t impact any building fire control systems – e.g. add a wall which stops a fire control sprinkler system working in a particular space.
Which state are you in?
In NSW you should be notified of the meeting & be sent a copy of the minutes – have a peek @:
https://www.austlii.edu.au/au/legis/nsw/consol_act/ssma1996242/sch3.html
Maybe a gentle reminder of the EC’s responsibilities to the secretary & ask for the minutes of the EC meetings. If it’s a resourcing issue ask how you can help the EC fulfil their obligations. If the meetings are happening via ‘circulation’ because it’s tough to get the EC in the same place, perhaps suggest video conferencing the meetings so others can attend. If that doesn’t work put it on the agenda for the AGM – or get yourself elected to the EC & right the processes from within.
I have zero experience with dud ECs, from my reading here ours runs like a idealistic happy fairy tale, not that we haven’t had our share of dramas. Maybe it’s the wine & nibbles at our meetings?
You don’t say where you are? Here’s what our City of Sydney council regulations say:
“Every year the owner of a building or premises must provide the City and Fire and Rescue NSW with a statement certifying all fire-safety measures work properly. This statement must be assessed by qualified personnel and be displayed prominently.”
https://www.cityofsydney.nsw.gov.au/business/regulations/health-and-safety/fire-safety
Check your local council, I think you’ll find that you should be having your fire systems audited every year.
My understanding is that regardless of how unfair it is, the debt moves with the lot & it’s up to the solicitor on the purchaser’s side to negotiate with the seller’s solictor & sort out all monies owing on the lot at time of sale. The section 109 certificate issued by the OC to the purchaser details any outstanding levies.
This may help:
With this warning: “If a levy is outstanding before the certificate is given and it is not shown on the certificate, the purchaser is not responsible for the payment.”
Our OC now has a process in place where we have a graduated response to overdue levies which ends in debt recovery with all costs directed to the debtor. Since we’ve brought in that process we’ve had very few problems with outstanding levies.
RTT = Residential Tenancies Tribunal?
I’m curious to hear if you get a reply from AirBNB. If email doesn’t work – their spokesmodels on twitter might be embarrassed into doing something:
No, I’m an owner occupier recently joined the EC.
@JimmyT said:
So, this is someone who lives on the premises and has a long-term contract with the owners corp to be the “caretaker”?
Yes.
@JimmyT said:I have been banging this drum for nearly 10 years now and I have yet to have even ONE resident owner tell me they are glad they bought into a building with an on-site manager.
You have just found me
Our on site manager does a great job.I’ll suggest a softly, softly approach. Why don’t you start by attending a few EC meetings as you are entitled to do & raise your issues in a non combative manner? Remember EC members are volunteers.
Getting back to the original question. The actual wording from Fair Trading:
“The safety devices must be able to limit the maximum window opening to 12.5cm, must be robust, and must be childproof. “
So they need to be installed so that they can be engaged when necessary, your windows still can be opened past 12.5 cm if you wish them to at other times.
More here:
We’re having a rather fun time trying to find acceptable solutions with enormous mullioned double hung sash windows circa 1890s here.