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Just on a quick read of that case report (not the actual case), it seems as if the appeal went in favour of the owner to have the balustrades replaced because “… the unsafe nature of the balustrade was obvious or patent and, even more importantly, the owners’ corporation knew or should have known that the balustrade was unsafe“.
So if you have not had a safety report or notice from Council indicating that your balustrades do not meet the current code, then your OC may have an argument. The way to turn this in your favour would be to either ask the engineer that does your building’s next safety report to comment on the balustrade compliance or even to commission your own report and submit that to your Strata Manager.
Phil (not-a-lawyer)
One method for dealing with illegal parking that I employed a while back to great effect was to have a Windscreen notice, but also to keep a record of the times I had placed a notice on each car (by plate no.) and making sure each new notice had a written record of all previous notice issuances. I had a space on the notice with space for 5 notice records (maybe generous I know, but I didn’t really want the hassle of escalating cases too often) with the implication that, after the 5th notice, the matter would be escalated to a Notice to Comply with the potential for fines. I very rarely had to give out more than two or three notices on any one car. It only took a little more effort than simply having a wad of Notices ready to deploy, but the implication that the offenders were being tracked was quite effective.
Are the correct answers to the AirBnB Quiz posted somewhere?
Hi Jimmy
Your post here seems a bit confusing. Are you saying that, at meetings after that which the SC member was appointed, then that SC members vote is not counted if the person who nominated them at the original meeting is subsequently non-financial (even if the elected SC member is financial at the subsequent meeting)? i.e. the elected SC member’s vote at SC meetings is only valid so long as the original nominator remains financial? That seems a bit counter-intuitive to me.
Hi. We have got the the point of holding an EGM and “appointing” a new Strata Manager, and we have sent a copy of the minutes of that EGM to then old SM to inform them of the decision and instruct them to hand the books over to the new SM.
However, the old SM has not even bothered to acknowledge they have received the EGM minutes let alone advise that the books will indeed be passed on.
What do we do in this situation? Is the next point of recourse simple to contact Fair Trading and have them ‘counsel’ the old SM and ask them to hand the books over? Is there anything else we can do?
Hi Kera & Jimmy
Our Strata considered this a few years ago and were informed by the Strata manager that all contributions (i.e. repayments) had to be distributed equally by unit entitlements, and thus it was not possible to have some owners pay upfront and other repay the loan (as those repaying the loan would have higher fees than those who paid upfront). I also think that the Financier backed this position up but am not 100% sure. We are now considering Strata finance again in a different block so would like to have this point answered definitively – if possible without reverting to NCAT to make a determination for unequal levies.
@Whale said:
Happy to do that as soon as I can work out how to cut and paste to this page from a pdf document. I’ll have to get a License so that I can charge for all the Special By-Laws that I’ve written; I’d make a fortune.
And I’d happily pay for your license – it would be worth it in the long run when these issue inevitably arise
We have the exact same situation in our building where one of the Owners’ (known for causing trouble) TV wall plates has been moved (they claim it was the previous owner but I would doubt that) which means that the unit below them also needs an alternate solution to be able to be connected to the free-to-air system (running cable along the outside of the building to bypass their unit!). The Owner has also refused to give the contractors permission to restore the wall plate to it’s original position. Of course, this is the first time the EC/OC has been made aware of the change to CP
Our Strata manager has advised that we would be within our rights to ask them to restore the wall plate to the original position, but I think to save the inevitible and disproportionate fuss we have just decided to spend the extra $200 to have the cable run in through their existing Foxtel conduit – it just isn’t worth the pain.
I like the idea of your Common Property Register and would love to see the text of your special by-law relating to alterations to common property. Is there something available online or can you send me a copy of the SBL?