#24326
Enough of Strata
Flatchatter

    I am posting this primarily as a warning of what at least one Sydney based Council has decided to do in relation to compliance with CURRENT Fire Safety requirements, regardless of its legal ability to do so.

    In previous FLAT CHAT posts relating to Fire Safety requirements for Unit Blocks built, it is clear that those buildings that had their Development Consent granted after 1/7/1988, the prevailing legislation enabled councils to issue a Fire Safety Schedule (FSS) as part of its Development Consent, and thus requires those buildings to comply with Fire Safety requirements [Annual Fire Safety Statements (Inspections)]. However, Development Consent prior to that date meant that there was NO legal requirement to comply with Current Fire Safety Requirements.

    Our Strata Manager apparently received a letter from our local Council dated 11 June 2015 stating that our “Residential Flat Building” was required to provide to Council an “Annual Fire Safety Statement”  by 30 July 2015. (Apparently this was the first “official” communication). (I obtained a copy from Council).  Our building was erected in 1973, and has not changed. I had no knowledge about this matter until it appeared on the December AGM agenda as a motion that we approve work (expensive) to comply with the new Fire Safety requirement from Council.  Apparently this following an inspection of each Unit by an external assessor engaged by the Strata Manager & Executive Committee in August 2015.  (Only residents [not non-resident owners] were notified).  

    I wrote to the EC and Strata Manager prior to the AGM advising that I considered this was unlikely to be a valid legal requirement of council and quoted the relevant sections of past and current legislation, suggesting that Legal opinion be obtained on the matter first, which resulted in a response that “It’s a council requirement”.

    I went to the local Council (Building Dept) and was told in response to my raising the pre 1/7/1988 status of our building which did not require the Annual Fire Safety Inspection, that they considered that the previous and current Act did permit them to impose the requirement for a Fire Safety inspection on Pre 1/7/1988 buildings, and that the Council did not want to be blamed if someone in the council area died in a Unit fire where Fire Safety measures were not installed. This being one reason why they were implementing the current Fire Safety requirement on existing buildings. 

    At the AGM I tried to argue the issue however the Strata Manager and the Executive Committee who had influence over the other attending owner occupiers would not accept there was doubt over the Councils position. To cut me off the Strata Manager told me that she had already obtained a Legal opinion (no offer to table it) and the council position was correct. I did not believe the Strata Manager’s statement to me, however I decided that there was no way I was going to prevail and to fight it further would be difficult and resisted, so accepted that I would need to bear about $1,600 in extra Sinking Fund levies to cover my units share of the costs to upgrade for Fire Safety.   (30 units involved)

    So the warning is:  If you find this happening at your complex, you may have better luck than I, but if the Strata Manager and Executive Committee are not open minded and willing to listen and actually get a Legal opinion, and challenge the Council, it is going to cost big time.