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Just a point of clarification (off topic), that provision of the NSW Strata Schemes Management Act (1996) refers ONLY to the Owners Corporation's Letterbox, not to the array of letterboxes for the individual Lots within the Plan.
Nixie,
I don’t know what your Scheme’s Special By-Law requires with regard to hard-surface flooring, but it should be no more prescriptive than to specify the achievement of a minimum Ln,w+C1 (the Australian equivalent of the US Impact Test) that at least complies with the Building Codes of Australia standard for multi-storey buildings.
Our Plan takes the view that how Proprietors propose to meet our minimum standard of “50” is a matter between them and their installers, and thus far and with only one exception, everyone’s done exactly what you and your ground floor neighbour did by using “some of the best available sound cushioning underlay” and ‘the best available acoustic underlay”; there are ample products available.
Apart from that “test case” where the Proprietor (our then E/C Chairman and Franchisee of a local carpet outlet) had agreed to rectify any problems if they arose, we’ve only had that single problem in five authorised installations, where the purchaser of a Unit received an allowance at Settlement to cover her costs to take-up an unauthorised floating floor, which as it eventuated had no acoustic underlay at all.
So I don’t really see what your issue is with regard to compliance with relevant By-Laws, because as I see it both you and your ground floor neighbour have complied (and in your case it appears that you would have notwithstanding any requirement to do so), and that’'s precisely why neither of you have experienced any subsequent noise complaints.
Nixie,
What you say is entirely logical, and a couple of years ago we in fact considered some degree of differentiation in the application of our Plan's Special By-Law (floating floors) to ground floor Units.
That differentiation was proven flawed after one “test case” in an E/C Member's Unit, because even though the floating floor involved was in a living area that didn't adjoin a common wall (with another Unit), the noise of young children moving about on that floor DID travel to adjoining Units.
OK – maybe you don't have young children, or if you do, you may properly manage their movements about on the floating floor, but that won't always be the case. Sooner or later you'll sell or tenant your Unit, and suddenly that noise will become a problem!
All things considered, the marginal costs of compliance with any reasonable standard for sound-proofing the hard-surface flooring in your ground floor Unit is very small in the context of the whole job cost.
JImmy, Ben, Struggler et al…
On the subject of Parking Fines, the advice that our Plan received back in 2006 (from a Barrister who at the time lived in the Building next door) was that an O/C cannot legally issue fines under any circumstances. But it can invoice parking fees provided the basis of those can be proven (e.g. photos), that they’re enabled by a registered Special By-Law, and that they don’t purport (e.g. resemble) to be a fine; even brown envelopes are out!
So after first placing a politely-worded postcard style note (cheap at “Vista Print”) under the windscreen wipers of offending vehicles, that’s what we’ve done, and as I reported in an earlier post, with limited success so far as payment is concerned but with substantially more success in stopping the inappropriate use of designated visitors’ carspaces and those of other residents.
I’d love to make some constructive comments on those (of Billen Ben) about O/C’s becoming our 4th Tier of Government – but that will have to wait until I have some more time.
I think you’ll find that (in NSW) you’re required to make your rental property “water efficient”, which means all plumbing fittings including showers, toilet cisterns, and taps; so be careful that you don’t walk into a minefield by balking at replacing tap washers.
Whilst tenants are expected to change light globes and the batteries in smoke detectors, plumbing codes require tap washers to be replaced by Licensed Plumbers.
I agree that this requirement seems unnecessary, but those are the rules.
This time, have a look at the “O” ring on the taps’ spindles, and also at ceramic tap washers; they’re more expensive than the usual washers but they last forever (almost) even with careless tenants.
Struggler, As one “Strata Guru” to another, let me say that in the 6 years that I’ve been Secretary & Treasuer of our 27 Lot self-managed Plan where 16 Lots are tenanted, and 4 Lots are holiday rentals, I’ve found that the problem of visitor parking is one only two Strata–related problems that I just can’t solve.
We registered a Special-By Law in 2006 that gives the Owners Corporation (O/C) the ability to issue a “Parking Fee not exceeding $500 per day or part thereof” to any person whose vehicle is parked in a space not allocated to their Lot, or in a designated visitors’ space, or on the Common Property.
That Special By-Law transfers responsibility for the payment of that Fee from the person who parked the vehicle, to the resident of the Lot where that person was living or visiting, and finally to the Proprietor of that Lot.
I’ve just checked or records, and over the past five years the O/C has issued 137 “Warning Letters” and invoiced 16 $55 Parking Fees; 7 to visitors, 4 to residents (all tenants), and 5 to Absentee Proprietors (Landlords). Of those, only 9 have ever been paid, and none of those by Absentee Proprietors.
In fact, one Absentee Proprietor included the O/C’s Parking Feed in his Civil Claim against a previous tenant, and after almost three months the Local Court awarded just 53% of that Proprietor’s total claim, and granted the offender time to pay; lots of time!
So I guess that sometime in the far distant future, that Proprietor will pay 53% of the O/C’s Parking Fee that was originally invoiced to his previous tenant in February 2011.
By the way, that other problem that I thus far can’t solve is convincing some rent-hungry Absentee Proprietors to terminate the Rental Agreements of their continually miss-behaving tenants before those Agreements enter their variable term, because once that variable term commences, Property Managers will do nothing (usually for the same $ related reasons), and as an O/C is not a “person” in the eyes of the Tenancy Division of the CTTT, we’re off to the General Division armed with Warning Letters and Notices to Comply – where Orders are few and Penalties are fewer!!
The last I knew, Strata Title administration in Queensland was handled by the Office of Tourism, Fair Trading, and Wine Industry Development, and Land Titles were under the Department of Environment and Resources (or similar); all that probably makes sense in QLD!
Seriously though, in NSW the bureaucracy involved in amalgamating two Lots in a Strata Scheme is exactly the same as that which applies when a Developer wants to Strata Title an new apartment block containing 100s of Lots.
You're on the right track though with engineering and design plans, and valuations, but I don't know of a one-stop-shop. Perhaps start with the Local Council who would receive similar proposals albeit on a larger scale than you propose.
Any Qld posters reading this may be better able to assist.
Angela – your Strata Manager will be able to provide your Committee with an Insurance Certificate, that will show:
- the “events” that your Plan is covered for;
- the sum insured for each of the above;
- the Base Premium ($);
- the Levies ($) – such as the Fire Services Levy; and
- the GST ($)
Your Plan's Strata Management Agreement will include a disclosure section where any Commission that your Strata Managers receive as a percentage of, and inclusive within the Base Premium will be declared.
A few quick calculations will give you the breakup that you're seeking.
Hi RSP – If your side-by-side apartments are separate Lots within your Strata Plan and you're talking about physically amalgamating those, then there's a lot of work involved including valuations and the preparation and lodgement of an Application for a Strata Sub-Division with the Land & Property Management Authority (in NSW).
I won't go into the detail now just in case your apartments are not as described, but otherwise post back to the Forum for further advice.
The high-demand for rental accommodation in your area is not really an issue as any break-fee that you agree to is fixed at a maximum 6 weeks rent if you move out during the first 6 months, and 4 weeks rent if you move during the second 6 months.
I doubt that tenants would ever ask for a break-fee to be included in their Rental Agreement, so I’m guessing that you meant to ask if tenants should ask for any such fee to be removed (?).
I’m not having a go at tenants here, but under the recently revised Residential Tenancies Act (2010) the ability of Landlords to optionally include a break-fee to apply under specific circumstances is one of the few remaining provisions that don’t overtly favour those tenants.
Even then, tenants still have several get-out situations available to them, like if someone you’re sharing the rent with moves out or if your Landlord decides to sell the place.
So, it’s really up to you; if you want the place, sign up.
(p.s. – I’m not a Landlord)
Hi Diana,
What you’re proposing can be quite complex if not handled correctly, so here goes:
1) You need to ask the Secretary of your Executive Committee to convene a General Meeting of the Owners Corporation (O/C), and you need to put forward two (2) Agenda Items:
(i) Seeking the O/C’s consent by way of a Special Resolution for you to make an addition to the Common Property. You should provide the Secretary with copies of the Plans & Specifications of your proposed Deck, together with copies of your tradespeoples’ licenses, copies of their public liability insurance policy/s, and other relevant details such as how they and their equipment will move about and be stored on the Common Property during construction.
(ii) Seeking the Registration of an Exclusive-Use By Law, that as its name implies grants you and all subsequent Owners of your Lot the right to exclusively use the deck, and where the quid-pro-quo is that you and subsequent Owners of your Lot are entirely responsible for the proper maintenance of the deck as an addition to the Common Property.
A Special Resolution can only pass if no more than 25% of those Owners in attendance at the General Meeting, either personally or by proxy, vote against your proposal; so some prior networking would be worthwhile.
There’s no requirement for you to compensate other Owners or your O/C, but it is customary for you as the Proponent to cover the O/C’s costs to convene the General Meeting (unless it’s the scheduled AGM), and to pay its costs to draft and Register the Exclusive Use By-Law on the Strata Title.
By the way, that By-Law should include a provision that your right to exclusively use the deck cannot be rescinded or otherwise removed by the O/C without the prior written consent of the Owner of your Lot (i.e. you and subsequent Owners).
I don’t think I’ve omitted anything of significance, but if I have, I’m sure that others will fill in the gaps.
(Gap 1 – you will need your O/C's consent before you lodge Plans with Council, as the latter will likely want copies of that consent before they consider the Plans – Whale)