[Roland]

Interested that you say nuisance has a narrow definition. Would very much like to know the cases you rely on to form this opinion. The common law threshold of nuisance (based on the cases I’ve read) seems clear. An interference with common property by nuisance in breach of Section 153 should have consequences. Interested to know what they are so SP can seek remedy. Section 153 created so that the common law breach by nuisance can be remedied without resort to by-laws which are expensive and can be a clumsy solution when the drafting of Section 153 already anticipated this problem.

[Roland]

An update on this issue – none of the facebook groups can help solve this problem. The various animal and wilderness societies are also not interested in being involved. The Canterbury Bankstown Council maintain they are unable to act because of cat roaming legislation. I have correspondence with all these organisations.

Can anyone comment on the trespass / nuisance aspect of this behaviour by one inconsiderate resident / owner feeding stray cats on common property and thereby attracting stray cats to the common property?

[Roland]

Have any Flatchatters in NSW stratas  had success with the Sydney Water “Waterfix Strata”.  Any feedback particularly in regard to a small block of 12 would be great.

[Roland]

I did contact one such debt collector who came up under the search suggested and they required payment of their fees from the OC even though they are enforceable costs against the debtor which they would endeavour to recover and reimburse the OC. This seems normal as the legal firm / debt collector won’t bear the risk of non collection. The risk is taken by the OC who fund the legal costs while the recover action takes place. If and when the action is successful the OC is reimbursed for its outlays.

[Roland]

Hi All,

I’d be really interested in how you assess the online and digital capability of the firms that tender. As a committee members, management is so much easier if there is online transparency for everything a potential strata manger does. Checking minutes, checking draft agendas, checking budgets, checking vouchers supporting expenditure, etc. I’d also be interested to here how you would assess building managers versus strata managers. For a while I though our small plan needed a new strata manager, but the more I learn about this I’m thinking we need to pay extra for a casual building manager.

 

[Roland]

Thanks you for your responses. It is very difficult to get stray cats collected. The RSPCA and NSW cat society won’t do it. Keep in mind that strays are not tagged, vaccinated etc. I have enquired and I have their negative responses. These type of organisations are about rehoming already owned animals that are already well cared for IMHO.

The Canterbury Bankstown Council have been very helpful. As the real issue here is that cats are permitted to “roam” in NSW and the council animal welfare officer was able to explain that it would not be appropriate to catch and remove as we have no way of knowing if they actually “belong” to someone.

As an aside, if these cats were nuisance unowned stays, the council do make available a trap so they can be captured and taken to the councils animal containment facility conveniently located 38kms away from the council area however the council website currently advises that the trap is unavailable  “Please note, there has been an outbreak of Feline Panleukopaenia virus in Sydney. As a result, Council has been forced to suspend the cat trap cage service”.

So the council have taken it on as a health issue and advising that it is the availability of food (garbage) that attracts the cats and ibis. Their advice includes spraying citronella.

I will propose a by-law at the upcoming AGM to ban feeding strays which (if approved) will give some strength to the notes sent around by strata.

 

 

 

[Roland]

Thank you – much appreciated

[Roland]

Thank you for these responses – I appreciate your thoughts – can you let me know which you think is better

1. A lot owner(s) advances the $ to the SP and the SP pays the contractor – is this “levies in advance” (?) and the SP pays the contractor – what does the SP issue to the lot owner to receive the funds – levy notice?

2. the lot owner(s) just pays the contractor and gets reimbursed (gst implications).

Thank you.

 

[Roland]

Thank you for these responses – very helpful.

[Roland]

Also, assuming that the cost was not budgeted and will require a special levy on the 12 lots. What is the correct end to end procedure? (assume there is agreement and no controversy)

1. Call a special meeting subject to notice period and agenda
2. Meeting agrees to instruct SM to make an application to council to remove tree
3. Council grants application to remove
4. Raise funds with special levy
5. Committee accepts quote from licensed / insured contractor and issues order to complete work.

How do these delegations work – how is the Owners Corporation’s authority delegated to someone who can apply to council (on behalf of OC) and then instruct the contractor (on behalf of OC). My preference is to know what we are doing and why and not relying on the SM at this stage.

Thank you for any guidance.

[Roland]

Good news! After reading all the good advice here I was able to quote the legislation to the strata manager and on my 3rd attempt I was finally able to get a copy of the strata roll with names, address and in most cases email addresses. The cost was $34.10 which will be added to my next levy. 

I did not buy the unit sight unseen – but I did buy it knowing the condition and hoping to improve the condition. I certainly will be considerate of the financial circumstances of others and I am in no rush to increase levies. 

As there are only 2 lot owners on the committee (apathy?) and there only seems to be one meeting a year, my next line of enquiry will be to the committee members (as I now have their email addresses) about a general clean up of the grounds etc.

 

Thanks again everyone.

R.

[Roland]

Thanks everyone for their comments – note that I can’t drop a note in the letterbox as I don’t live there and not all owners are occupiers. Will try to get strata roll. I did make some progress with the SM – they have a web portal and I was able to download a listing of all the owners names for each lot. This is a good start. My next enquiry will be the local council (Canterbury – Bankstown) who allow “Access to information – informal & open access application form” – I am submitting the list of owners names and asking for council to provide me with the mailing address of the owner – the reason I have given for requesting this information is so that I can write to each owner asking that we clean up the block. My phone enquiry to council indicates they will provide this information if the request is for a reasonable cause.

On the SM portal I can view minutes and financial statements so I know the names of the committee – but still no way to contact them.

I will keep you posted on my progress. Thanks again for the suggestions and advice.

[Author]

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