[Wikitoria]

Oh and I forgot to add. There is a vacancy on the comittee as the previous owner sold her unit to us. This means there are now only two members. I can’t get a lot of information on this but you are supposed to have a minimum of three. I wonder if only having two actually makes them invalid?

[Wikitoria]

Hi all

Late last night we recieved a formal breach notice from the OC Manager – it is a different manager (same company) but is unlikely to be aware of the situation and that a dispute is in process.

We were breached for noise. Apparently neighbours have complained that the unit is loud and they can hear it. The complaint from the OCC is rambling and says all sorts of things about how it looks and its placement as well. There was a threat of VCAT .

In the first instance, I asked for the original written complaint, evidence of times and days that the apparent noise breach happened, the process the OCC took when deciding to breach, the notice be in the proper form and that we are given the proper 28 days to address this.

The neighbour who apparently made the complaint has been quite interesting. She initially complained to us about light as we had asked for some lighting to be installed as it is completely pitched black at the end of our flats. I reached a solution with her and got a much lower emitting light bulb for our porch light. She did mention to me that she could hear the air conditioning unit when I was testing it and it was on full belt. Since then, we keep it on the lowest fan setting and quiet mode. We also mentioned that we have asked the OCC to allow us to install a cover and we would put in special noise cancelling lining – but the issue is the Chair is not allowing any of this. I am genuinely trying to sort this out.

I actually doubt she made a formal complaint. Moreover, we are not actually in breach of the EPA noise restrictions. We only use the air conditioning unit in times we are allowed to. It is a large but one of the least noisy ones on the market.

My next steps are to:

1. Obtain a letter from the air conditioning unit installers about noise and placement.
2. Get a noise check completed by the local council. Interestingly, they will need to go into her house to check the noise levels – this will determine if she actually made the complaint.
3. Call the police (again) and potentially put a personal order on him as we have recieved two complaints in two weeks, he has tried to intimidate and threaten us, and I am genuinely afraid of him turning up at my house.
4. Contacting our normal manager who I have a good relationship with.
5. Checking with VCAT (again) and asking their advice.
6. Considering having an informal chat with the other OCC member as I have never met her and I want to get a read on all of this.

This is all now starting to cost all lot owners – and it is being taken out of the annual levies as the OC Manager is charging us.

I am genuinely concerned about how this person is using their powers. I know that they are not following the proper process. I am feeling quite unsafe in my home and stressed out.

There is also our reply to his original complaint, which was supposed to be an informal resolution process. That should be landing soon. My response was so dry, factual, boring and legal that it will probably put him to sleep.

Love any words of wisdom.

A reminder that we are in Victoria

[Wikitoria]

Thank you. I’m writing a stern letter at the moment in reply to the “dispute” he has raised. It’s still informal apparently. But I have each of his complaints and have read him back his obligations under the law. He is also ommiting a big chunk of information to the OC – which was our description of what the unit be, the size and where – which he approved! Also that there was no documented standard, or which he claims he is trying to uphold.

I’m finishing off with a statement about spending our funds on things that have no legal or factual merit. Also that we are viewing this as harassment, based on his behaviour.

Let’s see what that does.

[Wikitoria]

Have also edited the original post to say I am in Victoria

[Wikitoria]

Apologies, I am new to this site and it was not intentional.

Can you please elaborate on what you mean by leaning towards the Chair on this particular issue? Because I have read the Owners Corporation Act (2006) and regulations, and there are a number of similarities with the NSW legislative framework and Victorian Owners Corporation Committees obligations around due care and diligence, for example. Or are just referring to me omitting being in Victoria and being frustrated?

Again, apologies, I can totally appreciate this being annoying.

 

[Wikitoria]

Really good replies, thank you. I am in VIC and there is also the “sustainability item” part that they cannot deny the unit on aesthetics alone. Regardless, I was explicit in what it looked like but he seems to be completely ignoring that.

I will think further about whether I bother to reply or not.

We are viewing this as an ongoing type of harassment. I did ring the non-urgent police line and they suggested I put a personal protection order against him due to his behaviour immediately after it. I mean the guy was outside our unit, approaching people he didn’t know about it (he didn’t know that my partner was an owner) and then threatening that it will be removed.

He obviously does not understand the legal framework in which he is operating. He is spending people’s levies due to not knowing.

I didn’t realise that if he breached us that he needed approval from lot owners. What is frustrating me is that he is not giving them the full picture. He is omitting aome pretty major pieces of information. Can I do anything here?

[Author]

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