[Ziggy]

Exactly Jimmy, and the Tribunal Member read out that section at the hearing.

The new lift was signed off in July last year (the owners were told a 20 week job) and finally got up and running (not) in May this year. In the 3 months it has been operating, it has broken down nine times (three times trapping people inside) with the last time being yesterday, the day of the hearing. And there are still defects to be addressed.

If you were in my shoes, don’t you think you’d be asking for the same thing of the member?

 

[Ziggy]

Thanks so much Jimmy for your support! Boy, did I need that!

FlatChat knows the long history of this saga. And you are right. The lift should have been fit for purpose and was not. Yesterday’s replacement of a new part by a new part is indicative of having installed a cheap lift.

And the chocolate teapot somehow manages to keep pouring hot tea.

Thanks once again Jimmy

[Ziggy]

Ground hog day, gentlemen. The NCAT member absolutely refused to consider removing any SC members under Section 238 of the SSMA despite my indicating those responsible for delays and highlighting the lack of due diligence. He said he couldn’t at today’s hearing. Why not?

Even worse, he gave no time limit as to when all the remaining work (repairs to common property caused by the installation of a larger lift than the previous one) and repairing the lift door that has caused the lift to be broken down for the last week will be completed. A new lift!

I give up!

[Ziggy]

Thanks Sir Humphrey and Jimmy. Could I also ask while at NCAT that this SC be removed? How many years will it take to get the lift finished? We’re up to three since it was first canvassed and over a year since we signed off! So much for a 20 week job.

[Ziggy]

And back again I go to NCAT tomorrow. Is there anything I can say, or ask, the Tribunal member concerning the validity and effectiveness of giving an order.

As the SC continues to drag their heels in having the lift completely finished and reliable ie working without breaking down, are there any penalties, orders or sections of the SSMA that will be of use to me at the NCAT meeting?

[Ziggy]

Thanks Jimmy. I’ve heard somewhere that an SC can be fined $5000 by NCAT. Where did I get that idea?

[Ziggy]

Thanks for your quick response Jimmy. The area concerned is NOT common property; it’s part of my lot. Now what?

[Ziggy]

Thanks Sir Humphrey but been there, done that! On numerous occasions.

And following a recent hearing at NCAT (see elsewhere in the Forum) I have little faith in them.

How do Strata owners battle such a hopeless behemoth?

[Ziggy]

Thanks Jimmy. It’s been going on for years; workers, wives and partners parking in the visitor spots all day, day after day. Night after night sometimes.

The SC said they were going to do something about it but decided at the latest SC meeting to do nothing.

And, no offence, but NCAT is a toothless tiger. Useless!

[Ziggy]

What if the person parking illegally in a visitor’s spot is the partner of an SC member?

[Ziggy]

If that’s the case Jimmy, can an owner stop window cleaners setting up anchor points on the common property roof of a building, which ultimately will affect an owner’s balcony space and outdoor awnings, plants and furniture as they go across this area to clean everyone’s windows.

[Ziggy]

I have a similar problem. At a September AGM it was resolved by the owners that the SC provide a timeline for the construction, design, modifications, deliver dates, storage of parts, installation and completion date of a new lift. They have not provided this. Is there a section of the SSMA that requires them to do so?

The matter is being heard at NCAT.

[Ziggy]

Thanks Lady P. It’s an issue about the removal of my aircon that was placed on common property years before I bought the lot. In other words, I’m being left out of something that concerns me.

[Ziggy]

I recently went to NCAT on my own without lawyers or experts and was very apprehensive about the process. But I sought advice from NCAT itself (this you can do once you have lodged a claim) and from a strata lawyer who also gave me advice. (They did not go to the Tribunal.)

The main thing is to be really organised. I photocopied all the evidence I wanted to submit, numbered the pages then supplied an index and a chronological index of dates covering the period that needed to be discussed. I then sent the application and supporting information to the respondent via registered post three days before the hearing. The respondent sent me nothing. If that happens, and they bring something to the hearing that you have not read, you can request that it not be considered.

The other thing you should do is go to a few strata hearings at NCAT to get a feel of how things work.

The process is formal but not unbearably so.

Most importantly, get ALL your facts correct and well researched and be prepared to argue your case. I unfortunately had an OC representative (the respondent) who intimidated me before going into the hearing and then lied during it. This was so unexpected, I did not challenge it at the time because, as it was completely out of left field, I did not have the information in front of me to prove the lies.

My question here is whether I need to point this out to NCAT prior to our next hearing date.

[Ziggy]

Thanks Lady P because I have been defamed by both my SC and my SM. I assumed they were protected, unlike me.

[Author]

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