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I live in a 4 lot plan with 2 owner/occupiers & 2 tenants (1 of which is mine, next door).
The owner of the other tenanted lot felt free to ‘instruct’ my various tenants about all manner of things including that they are not allowed to have a washing basket on top of their washing machine in the common laundry as well as telling another one to “Do something with that garden”, referring to the COMMON PROPERTY garden bed in front of their unit.
However, now that this owner has moved out & has tenants of his own, we have strict instructions not to communicate with his tenants despite them repeatedly coming to us with questions about what they are allowed and not allowed to do.
Our managing agent has told us to tell these tenants to contact their real estate agent about any questions they have as this is the specific request of the real estate agent and the owner. We are willing to do this but we are thinking that if this is an issue for the tenant – apparently they don’t like us telling them yes or no but don’t stop asking – we can’t make sense of that bit, the real estate agent and the owner, we wonder why the agent/owner don’t instruct THEIR tenant not to approach the owner/occupiers with questions and requests.
Anyway, it’s actually preferable to us to have it all go through official channels as it makes it easier to say no to the tenant and maintain a positive relationship with them – they have asked for all manner of things from storing their 4 bikes in the common laundry, to having a compost bin and vegetable garden on common property to storing gym equipment and outdoor furniture, including a fire on comon property. They didn’t ask about the cat though – funny that. They also tell us about (the many) repairs that are required in their unit and at first, we were active in assisting in having these repaired by arranging quotes (via the Managing Agent) for the EC to approve etc which their owner would have input to of course, but now, they are on their own and can wait for their (lax) owner to finally get around to it.
Oxymoron = he word ‘good’ & the words ‘strata manager/managing agent/strata company’
This is from my personal experience with 4 of them as well as listening to the experience of friends and colleagues.
I often think I could run a hugely successful business by being a different style of managing agent ie efficient, reliable, pro active etc however I am sure the reality is different to the perception and perhaps I should be grateful that anyone would want to do this less than glamourous job?
PS: I wonder why it’s taking so long for people to pick up on the not so new terminology, even so called industry experts (not picking on anyone in this forum). I’m referring to the term ‘Owners Corporation’ – I still hear/read ‘Body Corporate’ so much.
I am interested to know what others think of this issue please.
We have 4 lots in our strata plan. We also have a huge grassy backyard.
Opening onto this back yard is the side door of a garage of Lot 1, the side door of a garage of Lot 2, the door of the common laundry and the back door of the residence of Lot 4. Lot 4 is also 2 storey & has a rear balcony overlooking this common back yard. (Lot 4 also has a front balcony overlooking a grassy but much smaller yard that is also in front of the other 3 lots and is visible from the street).
The owner of Lot 4 states objections to a common clothes line in this common back yard with a common laundry opening onto it because it would spoil their view of the back yard.
Interestingly, there is a small wall clothes line in the side yard but it is in the shade and is not enough for all residents BUT the owner (wife/mother of a family of 4 people) of Lot 4 whom is the only resident home all day, uses and monopolises this clothes line with 2-3 loads every single day & hangs washing out late at night to use most of the line before those whom are working full time, can get to it.
What do you think about this? Unreasonable? Valid reason?
It is not illegal to record the voice or noise from another person, it is only illegal to use this as evidence in court against them as in recording a confession to a murder etc. I used a dictaphone to record verbal abuse from another owner in my strata plan (as well as video surveillance cameras but that’s another story). The Police told me I should inform the owners at the time I am recording them (not necessarily beforehand) but when it got to court, the Magistrate told me that he will ‘hear’ evidence on a dictaphone of the verbal abuse & that I did not need their permission to record them. I don’t know if this was just this particular Magistrate’s decision on the day but this owner used to say to me, while I was recording, “You can’t record my voice” which, of course, proved they knew they were being recorded anyway – ha! I think the best way to know is to ask the people you intend to take it to eg the OFT or CTTT as in what evidence they will hear. If you ask the Police for advice, I’d ask a number of different officers as the answers can differ. A Solicitor could give better advice & you can get free advice on simple matters like this through your local community. Hope this helps.
I have totally given up on the CTTT. The tribunal members, like the magistrates of our local courts, appear to me to be incredibly out of touch with reality & the community they are supposed to be serving.
My examples are many & the situations are almost unbelieveable (as many people inform me).
In future, I will be dealing with any strata issues myself even if it breaches the Act because I have witnessed first hand, many times, there are little consequences, if any.
Many, if not all, of the by-laws are meaningless & practicaly unenforceable & therefore, not worth a thing.
Every managing agent I have known (& there’s been a few) are lacking in a number of ways.
It is simply not worth the time, money & effort to go through the proper channels in strata. I write this after 9 years of attempting to do so.
I do not recommend living in a strata property at all.
deliria1 – well, your post definitely makes me feel better about my lot (pun intended).
When I find the noise thing annoying me, I think about stories from freestanding home owners & their own noise issues with other freestanding homes. Nobody is immune and if they are, in their expensive, private properties, invariably, they will have challenges of a different kind as no place is perfect.
As you write, part of Sydney living. I used to daydream of living on a remote property somewhere will no neighbours until I visited such a place & it freaked me out. Now I value (most of the time) having people close by as it can be comforting at times.
Hi Lucia
I don’t have a solution for you other than having your owner convince the OC to add whatever insulation is possible.
However, I am posting to let you know I purchased a unit in a lovely beachside location with only 4 units & after living in it, found out that I can hear not only the toilet flushing in the unit next door but every tap they turn on, them cooking, talking etc. I can also hear the next door neighbour’s (house) shower & when they walk around their house. I can also hear the clinking of spoons in cereal bowls from another neighbour whose kitchen in on the 2nd storey so the sound wafts down.
AND something about the location is so quiet that I can hear people walking in the street (I’m talking about hearing the flip-flop sound of their thongs!) – my street leads to the beach so there are heaps of walkers. I can also hear people whom congregate in the car park at the Beach (I am 3 houses away). I can also hear parties in the Surf Club even though that is way at the other end of the Beach. It’s incredible & I have never experienced it before BUT I can also hear the sound of the waves so I’ve learnt to accept it & learn to live with it – not easy but I choose not to move & I could insulate the common wall between my unit & next door as I own that one too but it would compromise space. At least I have control over whom lives next to me & we are single level (ie nobody above or below).
Doesn’t solve your problem but I hope it makes you feel better in some small way. Gotta love old buildings (sometimes not!).
11/10/2012 at 3:07 pm in reply to: Neighbouring strata plan tenant complaining about noise from 2 year old #16796Dear Mttb … thank you very much for your reply … I just wanted to check from a third party’s perspective … makes sense & I will follow it … cheers.
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