[Ziggy]

BTW Jimmy, when you say “Any owner in the building can pursue complaints about by-law breaches (through the mediation and tribunal system)” does that mean they have to go to Fair Trading first. I thought you could go directly to NCAT if NTCs have been issued.

[Ziggy]

Despite legal letters and threats of Notices to Comply, the miscreant Bylaw breaker continues unabated ignoring all warnings. And now, the Secretary of the Strata Committee, who has worked hundreds of hours on this matter, has had enough and threatens to resign from the SC.

The committee has contributed little to solving the matter and doesn’t want to pay lawyers to go to NCAT. So who can take the owner responsible to NCAT? And do they need lawyers involved?

[Ziggy]

Hi Jimmy, where are we up to re illegal height balustrades? Can just one owner get their balustrades up to current BCA standards or does it have to be all owners?

My balustrade is 850mm high with a 10mm gap (foothold) 350mm from the balcony floor. It frightens the you know what out of tradies and friends who come visiting.

Some illegal height balustrades have been replaced; some are 900mm.

FlatChat doesn’t allow for photos does it?

[Ziggy]

Just an update. The Strata Committee is holding a properly constituted meeting this week re the issuing of NTCs AND they have also got Bannermans, the lawyers, involved.

Next stop NCAT, I presume. Who on earth would live in Strata Land! Only those who love being kept awake at night!

[Ziggy]

Thanks Jimmy for such a precise response. Very informative.

Now, what I didn’t know was that the Strata Committee had to have a meeting to decide on  issuing a NTC. I thought that the SC (secretary) could ask the Strata Manager to issue one, which is what we did.

[Ziggy]

Issuing a Notice to Comply twice to our bylaw breaker has resulted in nothing happening. The owner has refused to comply.

It says on the NTC form/NSW government website that the next action is to go to Fair Trading. But Jimmy, you’re saying we can go straight to NCAT. And this is for only one of the many bylaw breaches.

[Ziggy]

What about replacing aircon ducting? Is that common property? Or is it the owner’s responsibility?

[Ziggy]

Thanks very much Jimmy. The Strata Committee seems to be missing in action; probably in Europe like the rest of Australia.

What are areas where Strata Managers fail? Obviously, the ones above and elsewhere on FlatChat but does the SC have to use legal terms to describe the failures? I’m a bit out of my depth here.

[Ziggy]

After sending the Strata Manager a copy of their agreement stating they can issue and serve a Notice to Comply if a delegated member of the Strata Committee instructs them, they finally acquiesced.

If the new owner is breaching 4 Bylaws, can only one be sent? Or can the SM send out four NTCs?

[Ziggy]

After many years on and off our Strata Committee (leaving because it’s a thankless task) I definitely think SC members need to be trained in understanding the Strata Scheme Management Act. Most members have NO idea what the rules are, and worse still, couldn’t care less.

Coupled with Strata Managers who also don’t know the rules, being paid to fathom out what is best for the Owners and how to go about this is essential. Those hardworking, honest, diligent, and knowledgeable SC members should be rewarded for their tireless efforts.

[Ziggy]

The Strata Manager has now been asked twice to issue a Notice to Comply to the the new lot owner, who is currently going ahead with minor renovations willy nilly. They have had no approval as yet from the Strata Committee.

But the SM still claims they can’t issue a NTC.

Here are the rules:

The owners corporation can hold a general meeting and vote to issue you notice of breaking a by-law.

Through a majority vote, you can be given a notice to comply (PDF 270.08KB), which asks you to stop breaking the rules or risk being fined through the NSW Civil and Administrative Tribunal (the Tribunal).

The notice can be sent via post or email and needs to include the details of the by-law that was broken.

The owners corporation may allow the strata committee or strata manager to give notices for them. If this is the case, a notice to comply can be given without holding a general meeting.

So, if the SM refuses to act, can the SC Secretary issue the NTC without holding a meeting?

[Ziggy]

So the Strata Committee secretary could call a General Meeting immediately?

What happens between the time of the meeting date and the expiration of the SM’s agreement? Does the new SM take over or do they wait until after that date?

[Ziggy]

Thanks very much for your comments Tina. But I’m not quite sure I understand it.

From what I’ve heard, most owners wait till the AGM and just not renew the SM’s agreement.

[Ziggy]

Thanks once again Jimmy. What would La-La land do without you.

And yes, the very same “buffoon” who said we needed a GM to approve timber floors.

[Ziggy]

The Strata Manager finally agreed the Strata Committee had the delegated powers to approve the new flooring. They then repaid the amount they had charged the new owner who had not called the meeting! Go figure!

[Author]

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