[Millie]

Hi All

 

You might remember that some 18 months ago I tried to renovate my small galley kitchen.  The process of obtaining approval ended up being distressing in the extreme.  The kitchen was identical in every way to the kitchen I installed three years earlier in another apartment in our block, including same trades people. With the new renovation, the EC/SMA placed every kind of objection and obstacle in the way and used all sorts of stalling tactics.  I responded to all and went as far as providing them with a draft upgraded By-Law, which I had hoped would assist them in granting approval and putting in place a proper process that everyone could then follow, and which would protect the OC at the same time.  

 

After being blocked for two months, I applied to the NCAT under Section 138 of the SSMA for Orders.  The EC immediately called a paper General Meeting, told the NCAT Adjudicator that I have a history of breaking By-Laws and passed the By-Law pretty much exactly as I had suggested. The renovation itself then went ahead without incident.  Again, repeated blocking, and I only managed to obtain my $5k Bond back when I pointed out that the Strata Manager/EC/OC were in breach of their own (newly registered) By-Law which stated that they could only hold the bond for a maximum two months.  

 

As one does, I am now attempting to renovate my little (5′ x 6′ x 7′) bathroom. Brief:

 

The building in which I live has a few x Commercial and 160+ Residential Lots and the Strata has been in operation for some 18 years.

 

I (and a few others) have been very up front and very active against our Caretaker/Executive Committee/SMA who have propelled a large-scale Short-Term Letting Operation in the Building, though I’m the ‘face’ of this.  Court Orders have been issued.  They have been ordered to Stop. I also have another application in with the NCAT seeking the appointment of a Compulsory Strata Manager.

 

Yes, they are without doubt extremely angry with me – I estimated the turnover of the short-term letting operation here was in the vicinity of or more than $5 million p.a. plus I still have so many questions as to where our OC funds go.  I am extremely unpopular due to my NCAT Submissions.  

 

So, to strata business:-

 

I am very aware that Bathroom renovations must be taken seriously, with water penetration issues etc being paramount. After nearly five weeks, at the end of last week I received the following with regards to what I must do to renovate my bathroom – simply new for old, no relocation of plumbing etc:

 

To carry out the work to the common property in the bathroom the following would need to have a Special By-Law drafted and paid for by the applicant and passed at a general meeting and registered on title.

 

The cost of the general meeting being stationery, postage registration and admin costs…

 

The breakdown of costs would be –

–          Drafting                                              

–          Stationery – for agenda and minutes )                                        

–          Postage      – for agenda and minutes )                

–          Registering & lodgement            

–          Admin                                                 

 

The Special By-Law for – 

–          tiled floor and the tiled shower tray –

–          tiling on the perimeter walls – 

i.e. tiling on the external wall

–       tiling on the perimeter wall to the fire stairwell

 

Please supply a copy of the plan showing the works to be added to the Special By-Law to illustrate the location of the works.

 

Prior to commencement of the works and after the registration of the Special By-Law all lot owners are to deposit a $5,000 bond which will be reimbursed when the works are completed and inspected by a person nominated by the Executive Committee confirming that there is no damage to common property….etc, etc, etc, etc…

Dose approval of a bathroom renovation require a General Meeting? Does it require (another) Special By-Law registered on Title – what/whose Title?  Does every Lot Owner have to pay individually for all this?  

 

Our current EC Chairman has renovated his bathroom (and kitchen) all without issue and without a General Meeting and Special By-Law registered on title.

 

Our former EC Chairman has a generation unit driving a commercial refrigeration motor mounted on the Common Property wall of his parking space and the unit seems to be driven by Owners Corporation electricity (no one has denied this when questioned), all without a General Meeting and a Special By-Law registered on title.

 

A lessee of one Commercial Lot has, within the last two years twice gutted the (largish) Lot, moved internal walls, rewired, removed and replaced the front (Common Property) door, all without having to follow any of the conditions in any of our Strata’s By-Laws pertaining to renovations, or having the matter put to and passed at a General Meeting and any Special By-Law registered on title.

 

I just googled the NSW Anti-Discrimination website and noted:  “It is against the law for anyone to hassle or victimise or treat another unfairly because he/she has made a complaint”…as per my complaints to Council over the large-scale ‘Illegal Use of Premises’, and as per my Request for Orders to the NCAT.   

 

If I am mistaken and every Lot Owner and I need call for and go to a General Meeting (and pay for all costs including the Legal drafting and registering of a Special By-Law) every time we want to do a renovation inside our Lots, please let me know.

 

Guidance from this forum’s Strata Gurus is always priceless, and I hope this might help clear the way for others out there?  

 

Another day in Strata paradise!

[Millie]

Mrsireland, in our building it is not that simply.

A NSW Parliamentary Inquiry has just been called into Illegal Short-Term Tourist/Visior Letting.  One expects the likes of Airbnb, who have quillions in $s to throw at this, will be drumming up support to try and change legislation so that all Residential properties can be run as quasi hotels.  Imagine it:  Lot Owners footing the bills for all this entails and living a life of hell once the tipping point of more party goers/holiday makers to residents is reached.  I’ve lived it.  It’s murder.

People can send in Submissions to the Inquiry via the following link:

http://www.parliament.nsw.gov.au/prod/parlment/committee.nsf/0/6B0EE6FD823BC1E8CA257EBA0083B344

If you don’t like free-for-all sharing of your home, your building, your community and paying all the bills for those who do so love the Sharing Economy, please write and say so.

[Millie]

Hi Thom/Isydowner

The NCAT Tribunal doesn’t actually come under Victor Dominello – it comes under the Attorney General, Gabrielle Upton’s Office…or so I’ve been told. That said, neither the Attorney General nor her Office responds to correspondence or questioning on the NCAT.  It’s all a bit of a mystery to me.

To date I’ve had no joy from the CTTT/NCAT however I have another submission in with them at present.  Crazy, I know, but one has to try and the only option is to follow the process and structure currently in place.

What amuses me (not) is that when one corresponds with Fair Trading a case reference number is issued.  Fair Trading staff then discontinue to respond to correspondence.  I wonder if ‘case reference’ is a euphemism for ‘big black hole’?

Good luck anyway.  Don’t let the turkeys get you down.

[Millie]

Thanks again for shining light on very important Strata Issues. This article is no longer available on the SMH’s website. Any idea why?

[Millie]

Jimmy T

Thank you for championing this cause. You understand what this can do to people and how powerful and threatening the powerful are.

Friendlyhost, I have been to hell and back because of a gang who portray themselves as ‘mum and dad investors’. Sweet people just like you. You h-a-v-e  l-i-t-e-r-a-l-l-y  n-o I-d-e-a.  Our home situation isn’t right yet – far from it. But with the help of some very brave individuals I trust we’ll get there eventually.

Jimmy is absolutely right – do everyone a favour and buy and live in a guest house.

[Millie]

Hi fcd

You’re absolutely right but it’s not a ‘chink’, it’s a gap as wide and as obvious as the Sydney Harbour Heads.  You must understand that our Residential Strata is controlled by those short-term letting.  So to spell this out:

Our original Insurer declined to insure us when short-term letting was declared.

One must declare that you’ve been refused insurance when applying with another Insurer.  Our current Insurer has never been advised. (Chink one.)

So our current Insurer agreed to provide insurance with a proviso, that the EC writes to every member of the OC telling them that they are in breach of the Development Consent and as such, MUST STOP short-term letting.  This proviso has never been adhered to – the Committee Members are those steering the whole short-term letting operation.

The lure of what I call ‘big fast bucks’ is what those in control of our Strata are focussed on – their immediate, big returns – and by doing so they gamble with our Insurance and our financial ruin…remember, Strata Owners have unlimited liability. (kerChink two.)

The Insurer keeps renewing the policy but says the “Terms and Conditions remain unchanged”…and three years down the track the proviso still hasn’t been adhered to. (small Clang)

And a ‘condition’ of your Policy is that you must abide by all Laws governing your building, like the LOCAL PLANNING/DEVELOPMENT CONSENT.  (bell starts ringing)

When an individual Owner contacts the Insurer, the Insurer pretty soon stops talking to you cause you’re not the Owners Corp, you’re one owner only and don’t represent the ‘body’. (louder…warning…Bell)

So we sit with all things crossed and hope that something doesn’t wipe us and our neighbours out, like one of those first night short-term guests who doesn’t know how the griller works, leaves the iron on, doesn’t know where the fire escape is…oh, the escape route is blocked cause no one who is suppose to be looking after the building checks the building as they’re too busy checking guests in and checking them out and cleaning apartments before the new guests arrive. (Alarm..fire…FIRE!)

Now what odds do we get that in the event of a major incident caused by something to do with an “Illegal Use of Premises” the Insurer say:  “Ah, but you haven’t complied so why should be pay you hundreds of millions in compensation?  And tell us, how much does everyone have in their bank/Super accounts and if we split this bill up according to your Units of Entitlement…”

I get the feeling that the Insurers are primed and will happily knock back a claim – as they will be entitled to do – the day this scenario arrives.

But there are people short-term letting who are willing to take this risk/ gamble every day.

Where to go?  To the Council who issued the Development Consent.  They have to be lent on like your life and financial security depends on it.  The Council MUST take this matter to the Courts.  There are examples where Councils in NSW have won. So:  push your Council with all your might!

[Millie]

One other point to consider is the Residential Tenancy Act. If you have a building zoned Residential  then occupation must be in accordance with the Residential Tenancy Act.

Last month, in NSW, the NCAT ruled that short-term Tourist/Visitor AND Airbnb Agreements were not Resident Tenancy Agreements. In fact the NCAT Member was bemused as to why he was being asked to issue an Order as, in his words, the Act was crystal clear – it was obvious that these weren’t Residential Tenancies. 

The NSW Land and Environment Court has judged that Residential tenancies and short term lettings aren’t compatible. And they sure aren’t, having had tourists/party groups all over and through our Residential building.

[Millie]

Thanks so much Scotlandx.

I’m watching for a response to the post ‘Felix – Executive Committee Correspondence’ as we have the same issue.  Owners correspondence is almost never replied to.  Much of the correspondence is never listed in the Minutes of EC Meetings.  No correspondence can be found on files during a Strata search.

You are so right about:  “it seems that the governance of your EC is appalling.” 

[Millie]

Thanks PeterC.

How are Owner/Occupiers prevented from joining the Committee?  For two years a block of investors put forward the maximum (NSW) 9 members.  They had the voting numbers – they ousted all the Owner/Occupiers, were elected and held on for a second year. At the last AGM (the third time this has happened) the block could only muster 7 nominees.  They put forward the 7 and at the same time resolved to reduce the EC to 7 members, thereby blocking all those outside the block who stood for election.  “Trickers!”

Still looking for clarity on the Agenda issue in NSW if anyone can help?

Thanks

[Millie]

Hi all

Our EC Meeting Agendas always have very little detail listed in ‘items’ on the agenda.  Listed are simply:  

“Previous minutes: acceptance“, then

“Matters Arising“.  

There is never any indication of what might/might not be a ‘matter arising’. Anything/everything can ‘arise‘, be discussed and resolved by the EC Members/(Caretaker/Strata Manager), without any forewarning to other Members of the Owners Corporation.  Plus in our Strata, Owners not on the Executive are not permitted to speak at the meeting, as is the legislated protocol.  

Our Executive has also been structured so that no Owner Occupiers get to hold a seat on the EC – our building is driven by Investor/EC Members who lease their units through the Caretaker.

Is this form of Agenda an acceptable format?  What, if anything, can anyone do?

Thanks

[Millie]

Here is a data trawling website for Airbnb listings in Sydney: https://insideairbnb.com/sydney/#

There are currently 9,700 listings for Sydney on Airbnb alone.

One host has 136 listings and another has 108, etc.

We could identify on websites 58 out of 163 apartments in our building being short-term let.

Airbnb move the location pins so that exact street placements are disguised however I hope this website – Inside Airbnb – helps.

[Millie]

Thanks for your reply Whale.

I’ve submitted more than a 1,000 pages to the Dept Fair Trading/CTTT/NCAT – all of them.  They’ve dismissed everything.

Those who control our building make a total mockery of the whole NSW set up which is meant to protect Strata Owners and take action against shonky and/or illegal operators.

Call me an optmistic fool, but ‘something’s got to give’, and BIG TIME!

[Millie]

I’ve dragged this up from years ago…the title of the posts was too delicious to ignore.

Question:  what if it is the EC/SMA/Building Manager who have been engaged in dodgy activity and someone speaks/writes to them, then applies to the CTTT/NCAT (dismissed…!) etc, etc?  

And what if that someone is then the subject of repeated and ongoing legal threats, and stories being evented about them and those stories being backed up by all the ‘gang’ members – the EC/SMA/Building Manager – and being named and shamed, and named and shamed, and said to be doing this and that, and that and this in the EC Minutes circulated to all Owners?  

And what if that someone does strata searches, as permitted by Legislation, but nothing can be found:  all that correspondences is in a former Owner/EC Member’s offices…not the Strata Manager’s office…and the naming and shaming and threats go on and on?

What can one do?  

Remember, Fair Trading hasn’t helped one jot to date.

[Millie]

Thanks 2300.

I’m constantly grateful for the information that’s shared on this Forum.  

There is an absolute maze of Legislation out there and those who manage to find their way around it and keep this forum up and running and informative are brilliant.

Thanks again.

[Millie]

Hello isydowner

I’ve very recently made a complaint to the Legal Services Commissioner about a lawyer I have had dealings with.  My complaint was ‘closed’ by the Commissioner.  I wrote again.  It’s taken five weeks to get a reply back, but the result is the same:  my complaint remains closed.  

My complaint is not just about whan I perceive to be false and deliberately misleading statements made by the lawyer.  There were other serious issues raised.  Nothing makes an impression on our learned Legal friend.

Good luck, but if my experience is anything to go by, the Legal Services Commissioner will side with his Legal cohorts.

Someone once said to me:  The only ‘fair’ you’ll see in life is a Country Carnival.

Lawyers…Politicians…Used Car Salesmen…which is the most trustworthy?

Though I do know one very, very good NSW State Politician who deserves a medal for his level of integrity – he’s an Independent.  I give you two guesses at his name.

[Author]

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