[Ziggy]

Goodnees me! I thought that the SC and the OC were automatically covered in an event such as an accident.

[Ziggy]

Just an update. Our lift maintenance company has been in to look at the lift because it is bypassing ground floor and going to the basement. Then it goes back to ground floor. It often gets “lost” (who knows where) and does not land level with the floor; well over the acceptable level. All a safety issue. The maintenance guy said that no-one is going to replace/upgrade the lift until ”someone has an accident”.

A motion that the lift be replaced at a recent AGM was defeated. Did this defeat need to be a special resolution? Who is the first to be blamed if there is an accident? The OC or the lift company? 

[Ziggy]

I love your response Jimmy. Made me LOL. The advice from you and your stratagurus keeps me going. Where to, we’ll see. THANKS everyone.

[Ziggy]

Thanks Jimmy. Am I allowed to say on this site who the lawyers are that have lined up? They featured in a story you ran… PS do you ever get sick of this job?

[Ziggy]

What if a vote against something does not appear in the minutes? Is that then brought up at the next meeting under “the previous minutes motion” or can you write to the SM beforehand?

[Ziggy]

Thanks Jimmy. I hear you. We have been to mediation but that was a disaster as the member representing the SC ridiculed, mimicked, interrupted and made various accusatory statement to me and the other owner he was also there.

So we already have the letter from Fair Trading recommending we go NCAT. My only question now is do we need a lawyer?

[Ziggy]

Thanks Lady P. We have two main problems to deal with. At the recent AGM, there were more non-ocupiers than owner/occupiers. The strata of 7 is made up of 5 members who don’t live here and one who lives in one of the SC’s unit. This unit does not reside in the section of our complex that has the lift. I am the only one on the SC who is affected by the lift.

Therefore they do not want, or care, to replace the lift, not because of money, but because they are trying to get a new air conditioning system to replace their old one, which is now housed in a residential unit that was formerly a commercial unit. Access to this has been only very recently raised by council.

So all the reports in the world, will not persuade them.

[Ziggy]

Thanks so much everyone for your help. Lady P, the motion I raised was this:

that the lift be upgraded or fully replaced without delay and a date for completion be confirmed.

And here’s what we have on the lift so far:

1. 11 feedback forms out of 19 units from owners/tenants complaining about the lift;
2. A very recent quote from the original lift company to fully replace the lift for $210k, which will be fully compliant (as new car size will allow medical stretcher into the lift) and energy efficient;
3. Email recommendations from a qualified lift consultant on recommendation of full lift replacement;
4. Emails from two SC members saying that spare parts are increasingly hard to source and that current service and operation is not satisfactory and a major overhaul should be carried out as soon as is practical;
5. Service dockets from our current lift maintenance company indicating the lift controller needs replacing;
6. A recent report from a highly qualified lift expert recommending a particular company carry out upgrade works on the lift. This was tabled at our AGM in September.

What do you reckon?

[Ziggy]

Check out the Sydney Morning Herald re this case.

[Ziggy]

Gee Whoopi. Do we live in the same building? Our mediation at Fair Trading was stopped because the rep from the SC kept making faces, repeating our words, interrupting and generally belittling us. The mediator was useless.

[Ziggy]

Does anybody know someone at the ABC who could do a expose on this?

[Ziggy]

As owners in a strata scheme it was up to someone from the SC to take the case to Fair Trading. One of the owners registered but guess what? Like everything in this building, the non-occupiers win out as they are the SC.

[Ziggy]

Does that include cracks to internal walls on a lift shaft?

[Ziggy]

Hi there Lady P, the balcony is not common property; it is mine as drawn out on the original Strata Plan.

I’ve repeatedly asked the SC for a qualified consultant to come and thoroughly look at any potential loose-fill asbestos, including between my ceiling and the roof (a false ceiling), and this has been refused.

[Ziggy]

My strata committee is forcing me to NCAT to resolve two issues that I have been asking them for three years to fix: an illegal height balustrade with a dangerous foothold and a dangerous, exceptionally old and noisy lift.

The balustrades on another level were replaced because they were considered dangerous due to rust and because they were not “modern enough”. I know that BCA laws are not retrospective but surely if the SC has known for 3 years ago my dangerous balustrade then they could be liable for any resulting injury.

Ditto the lift.

[Author]

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