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A few things come to mind, from being in a similar situation:
- The defects if any with the strata roll is primarily the responsibility of the owners’ corp. The strata manager is their “agent”, but that doesn’t mean he is absolved of liability;
- Most owners’ corp and strata managers ignore owners who ask questions which the former do not want answered or matters fixed. They think and hope that if they ignore, then the owner will simply vanish;
- I suggest you file for mediation with the Owners’ Corp. This is free and you can claim in your online application that you’re not getting the straight answers you deserve when you asked to access the records. You should state what you were told about “privacy” and how you know it’s not relevant to stratas. The Owners’ Corp don’t have to attend mediation and if they don’t you will be seen to have attempted mediation and can move to the next step: the Tribunal.
- A complaint about a strata committee can be done online and is considered as an “application for mediation” with the Owners’ Corp – go tohttps://www.nsw.gov.au/housing-and-construction/strata/disputes#domediation
scroll to and click on “online application form”
scroll to and click on Fair Trading Mediation Service
- Click on APPLY ONLINE
- You’ll see a long list of items you can select that best summarise your complaint. I suggest in the section “Issues relating to the management of the property” check the box “Exercise duties” . In the section “Can’t find the appropriate issue” check the box “other”;
If you hear nothing in 10 days after filing online, chase NSW Fair Trading up (on 13 32 20) to confirm they received your application. After you lodge it online you’ll get a reference number automatically sent to you. That is the reference number to use when chasing the matter up with Fair Trading.
- After you applied for mediation, you could tell the Owners’ Corp that you applied. But you don’t have to. NSW FT will advise them after they processed your filing. Note it takes 2 weeks or so after you file to be contacted by FT and then the mediation may be 2 months away. So the sooner you file the better.
Consensus is little sought after because majority rule which is often a reflection of the mob that rules, is the very best option for the mob.
After all, there is no downside for the mob.
If sufficiently disappointed, what can the aggrieved party do other than trot down to NCAT?
Doing so not only takes the applicant much time and a good deal of effort, but a hearing is often months away AND what’s to stop those taken to NCAT (ie the majority) from ignoring what NCAT tells them?
Only when NCAT will dish out harsh penalties for the majority’s behaviour that is shown to have breached the SSM Act or breached NCAT’s orders or was otherwise unlawful or illegal, only then will the likes mentioned by TheHood (that is biased, uncompromising, irrational and unreasonable folk), will the majority’s behaviour begin to change.
Good morning Glebegirl100
The law on this matter is clear.
I had problems at two strata schemes with a committee and an agent denying me the right to view information in the possession of the owners corp – such as the roll – also citing “privacy”.
After I told both of them that the privacy laws do NOT apply to such strata matters and that before I take them to mediation I urge them to call Fair Trading on 13 32 20 to acquaint themselves with the law, they dropped their opposition.
Jimmy is correct in listing the process, being making formal complaints.
Note even if you complain, it will be many weeks before the case is assigned to an officer at Fair Trading. Fair Trading’s clock starts to tick from when your complaint is received, so in my humble opinion, you have nothing to lose by complaining online ASAP.
Over the years I caught strata managers and committees napping and the only time they ever showed signs of life was when they heard that a complaint was filed.
1. Regarding complaining about a strata mgr – this can be done online – go to
https://www.nsw.gov.au/housing-and-construction/strata/strata-complaints
scroll to “2. Make a complaint”
click on “make a complaint”. Fill in the form.
2. Regarding complaining about a strata committee – this can also be done online and is considered as an “application for mediation” with the Owners’ Corp – go to
https://www.nsw.gov.au/housing-and-construction/strata/disputes#domediation
click on “online application form”
If you hear nothing in 10 days after filing online, chase Fair Trading up.
Another matter to determine is when the building was erected.
In many high rises buildings, sliding doors were in place when built which allowed for a balcony.
Some proprietors over time enclosed the balcony by moving the sliding doors forward.
It is my understanding that in pre 1972 (or so) buildings (regardless of when the balcony was enclosed) that the original sliding doors and the sliding doors which replaced the original ones remain “owned” by the Owners’ Corp but repairs and maintenance is for the a/c of the lot owner.
This is proven by the fact that in many cases the OC will tell a lot owner who can perform the works and what the specifications are to be.
I see. So to me it looks like the issues you raised are local council and not strata matters.
Regarding the noise
What you will need to do is provide evidence to the council that the newbie is breaching the level of noise permitted and/or breaching the days and times noise can be emitted (by say, operating loud machinery). These are set by council.
Regarding the activity proposed in the commercial lot
As long as the newbie conforms to council guidelines eg has his DA approved, all you can do is complain to council if any of those guidelines etc are violated.
I had smaller matter with a strata where I was to pay a contractor (first a deposit and in the fullness of time, the balance) and would be reimbursed an agreed amount by the committee when presenting my invoice.
This process is common. Contractors often don’t want to deal with more than one party. Having both you and the committee pull the strings 24/7 would likely frustrate a contract.Your aim must be to lock in the committee before work commences. One day, trotting off to NCAT may result in your victory, but it could be a year or more before that happens. What you need to ensure – long before work starts and ideally before you put any money down – are specifics you can put in front of a Member of NCAT or a Judge in a Local Court and bind the committee.
You mention you “told” the strata manager etc. I assume in writing because if it was verbal, in time you’ll see that isn’t worth a hill of beans. A few things come to mind, summarised below.
Do you have written acknowledgement from the committee ?
1. Confirming what is the reason for and scope of the job?
2. Stating that you can choose the contractor?
3. As to the quantum of the cost of the job which the committee is prepared to pay?
4. That the committee will pay you 50% of the contractor’s (contractors) invoices for the job?
5. That you will keep the committee, via its representative informed as to the progress on the fence. In order to do that, the committee is obliged – before the works begin – to give you the contact details of their representative (name, phone and email);
6. That before the works begin the committee will give the builder (with a copy to you) any rules, by laws etc it has in place or wishes to assign to the works, so the builder knows, for example, what hours of work are authorised, whether he can traverse common property with his equipment or rubbish, where he can park etc;
7. That payment pursuant to item 4 is to be made to you or your representative on presentation of invoice, or interest will be charged at commercial rates until payment has been received;
8. That before the job is completed, that the committee’s representative will attend the site and bring to you and the contractor(s) attention any concern the committee has, if any, with the works;
9. Notwithstanding any concern or issue that may arise (see item 8 above), the committee undertakes to fulfill its payment obligations as per item 7 above. The committee should take up its concerns , if any, with the contractor directly (whilst keeping you fully informed).
The above are a few thoughts that came to my mind. I, from my experience as an owner and not as a legal scholar, would urge not proceed without confirmation similar to the above or you could well end up on the hook for all the cost.
My comments offered above, like comments provided by other members of this website are personal opinions based on individual experience. The above is not and the all other comments offered are not and do not claim to be legal advice. Folk who are faced with major strata issues should seek legal advice from those experienced in strata matters, such as the firms sponsoring this website.
Have you spoken to your local council about this matter?
Ziggy, I will defer to Jimmy-T on the issue of intimidation.
As to the by-law, did the strata manager confirm to you that he/she received your by-law or motion? Did he/she confirm it would be included on the Agenda for the next general meeting?