[Millie]

Thanks Whale. Request for Orders submitted. Awaiting response from NCAT…

[Millie]

My understanding is that an internal wall which separates two units is still a Common Property wall – I’ve had unbelievable trouble trying to install a new kitchen as the EC is saying I can’t screw a screw or nail a nail into the kitchen wall because it adjoins the next apartment… The bylaws in our property have now been changed (since I signed my contract/works being blocked until the bylaw could be introduced). Our EC is now demanding a $5k ‘bond’ before anything can be touched, they can hold the bond for 2 months and they will determine how much I will be refunded.

This being the case, the OC would be responsible for the repairs?

[Millie]

Add me to the list of contrarians.  It can be so enormously challenging (to say the least) to face up to the mob.  Keep your chin up Julie.

[Millie]

Great idea to include a long term tenant – after all, it is their home.

We’ve had all owner/occupiers removed from our EC. If you own/live in the building you’re automatically disqualified; the investors/Caretaker have ‘the numbers’.

[Millie]

Has anyone ever heard of the NCAT/CTTT ever issuing orders blocking an Owners Corporation spending monies on Legal Fees?  Does anyone know of a section of the SSMA under which we could apply for an order?

We recently had a reply from an Adjudicator which said it would be inappropriate for Owners Corporation funds to be spent on a specific matter.  Now the Executive Committee wants to go into battle on ‘our’ behalf over this issue, which they could very well lose, and we could be up for a mozza in fines.

Any advice would be greatly appreciated.

[Millie]

Is this Australia or North Korea?

I can understand not wanting to post details of your financials online but what else are they trying to hide?

Tell them to go get a hair cut – Kim Jong Un style.

Good luck!

[Millie]

Ahhhhh, it seems that I’m now at fault because when I was an EC Member I didn’t suggest/put in place a renovation protocol and by-law.  (Note:  they insisted I become a member of the EC, even when I protested that I spent nearly all of my time living overseas.  When I returned to the country and started questioning how our Strata was being managed I and all other resident owners were promptly voted off the EC.)

The EC has decided to refer my suggested renovation protocol and renovation by-law dealing with work within an Owner’s Lot to an EGM but haven’t said when this EGM will be.  And at this EGM they’re going to suggest to the OC that the OC sues me on another matter.

I told you they were ‘creative’.

At least SMO has helped with information on the ‘two month time limit’ on EC decisions – thank you!

The joys of strata living.  

And another sleepless night in the big smoke.

[Millie]

Love the advice received via this forum!

Our EC has so far blocked my Works based on clause 5(1) of our By-Laws:

“An owner or occupier of a lot must not mark, paint, drive nails or screws or the like into, or otherwise damage or deface, any structure that forms part of the common property except with the prior approval of the Owners Corporation.”

My aim is to be seen to be doing everything within my power to help them do their job so, in the absence of anything specific in our By-Laws covering renovations and upgrades within an Owner’s Lot, I’ve provided the EC with a ‘Check-List’, a set of ‘Renovation Rules’ and a proposed ‘Renovation By-Law’, provided to me by a member of the Owners Corporation Network (are we permitted to give them a plug here?) and suggested that they could adopt this format as a template to save other owners having to go through what I’ve had to go through.  I’ve then ‘ticked every box’ on the ‘Check-List’/’Renovation Rules’ for them.  

Let’s see what the EC comes back with.  They’re always very creative.

[Millie]

The regulatory body is your Local Council. My experience is that absolutely no one/nobody can or will do anything about this except Council, who are responsible for seeing that the Residential Development Consent is adhered to.

You need to start taking photos and keeping a record of what is going on – Councils don’t have the budget to do a ‘stake out’, and you’ll be abused like there is no tomorrow for doing this – and give this to Council with a request that they issue an order to stop the ‘Illegal Use’.

You can try and scare off the offender: a breach of the Development Consent is a breach of the Environmental Planning and Protection Act and fines are currently up to $1.1 million.

Go to Council. And good luck! This is no different to using a Residential building for short-term letting or a business in prostitution – it’s not Residential.

[Millie]

Thanks Whale. The way I see it is that:

Someone moved that the vote on the Mitions be adjourned to a later date – this was defeated by a majority vote.

A vote was put that, due to time restraints/lateness of the hour, all 10 Motions be voted on together. This was passed.

Motions were put as a block for a vote.

Minured show that the Motions were dismissed unanimously – ie everyone in the room voted in favour of defeating them. This most definitely wasn’t the case. Yes, a majority vote defeated the Motions, but many didn’t vote this way.

I’ve registered my objection in writing to how the Minutes have been written up and will press this at the next General Meeting.

[Millie]

Thanks Whale.

In this case it’s the EC Secretary, not the SMA, we’re talking about.

I have subsequently written to the Secretary, stating that in my opinion the Minutes are wrong – the Motions were not passed unanimously.  And I will attend the next General Meeting and repeat this statement.

In the meantime, there are lots of other issues at play here.  

As I said, the ways in which our EC manages to mask the real situation within our Strata are hugely ‘imaginative’.  And alas I’m one of a very small minority.  That’s just the way it is.

[Millie]

Hi Frans

Don’t know what Ghandiji would have recommended but Napolean would have said:

“Never interrupt your enemy when he’s making a mistake.”

My so-called ‘enemy’ is a doozie! 

 

[Millie]

Was it yesterday that I heard this quote by Ghandi:  “Even if you’re a minority of one, the truth is always the truth.”

Be strong. 

[Millie]

I’d also make sure you have a digital camera with you to photograph the documents you need. That way you avoid the exorbinant photocopying charges. Whale is correct, be very specific in advance. Alas this hasn’t stopped our Strata Manager from denying knowledge of documentation which we know exists. Good luck.

[Millie]

Thanks so very much Whale/Jimmy T.  This is just one of so many very stressful situations here.  I really appreciate your advice.  Restores some courage, when mine starts wilting.

[Author]

Replies