There are times when what’s right and what’s legal seem to be in direct conflict – and strata is one of those areas of life replete with these tricky, quirky little conundrums.
A perfect example has been provided by one of our Flatchatters. He is lucky enough to have a swimming pool in his block. He was unfortunate enough to have neighbours who invited large groups of non-resident friends over for pool parties.
The solution was simple – restrict access to the pool to residents and their immediate families. Bingo! Calm is restored.
But then a former member of his block’s committee buys somewhere else and leases his apartment, but insists on still being allowed to come back and use the pool when he feels like it.
The current committee say the by-law says “residents only” and since he lives elsewhere he is not a resident. The double-dipper (pun intended) says he has rights as an owner that supersede the by-law.
So who’s right and who’s wrong. The non-resident owner may be both. Wrong to want to keep using a facility he has rented out to someone else and possibly right that he can’t be kept out of common property in which he owns a share.
And then there’s the whole other question of how far should you go to establish a point of principle? After all it’s just one more body in the pool.
You can read all about it and have your say HERE?
Elsewhere on the Forum
- Are our strata management fees over the top? That’s HERE.
- Do responsibilities for fixing common property expire if they are ignored for several years? That’s HERE.
- Should you have by-laws that send a message but might be unenforceable? That’s HERE.
- Can we issue work orders when we have agreed on a special levy but haven’t collected the cash yet? That’s HERE.
- Are there ever situations when the costs of something that benefits everyone equally can be shared evenly rather than apportioned according to unit entitlements? That’s HERE.
- Tier 2 blocks in Victoria (51-100 units) are no longer legally required to have strata managers. But should we have one anyway. That’s HERE.
How to ask and answer questions
Anyone can read our posts any time but now there are several easy ways you can search, access, ask questions and reply to others’ queries.
The best way these days may be to click on “Forum: Your Qs & A’s” on the top menu bar on a computer screen or on the drop-down menu (three lines) on the right of the screen on phones and tablets, under the Strata Choice ad. Then click on the topic title that interests you, and off you go.
Alternatively, you can look at the list of “Your latest questions and answers” under the ads on the right of the page on a computer screen. Or at the bottom, after the ads and stories, on a tablet or phone.
Or you can go “old school” and go to the Forum Home Page and work your way through the topics there.
Whichever route you take to get there, the best way to keep up to speed with what’s happening is to register (if you haven’t already done so), then login and subscribe for free to the topics that interest you most.
That way you’ll get an alert whenever the discussion moves forward, and you can also chip in with your own comments and questions. Have a look HERE at our instant guide to getting online.
If you enjoyed reading this post or found it helpful, please share it with interested friends using our social media buttons. Thanks.