The most common complaint about small apartment blocks is that nothing ever gets done. Then along comes somebody who’s determined to shake things up … whether they are allowed to or not.
QUESTION: Our four-apartment block has been trundling along OK but two new people have bought in and one of them is taking over, as well as making big changes without notice or permission.
He’s taken out walls, removed the ceiling to use the loft area, ripped up carpets and polished floorboards (against our by-laws). Now he and the other new owner below him say they want to sack our strata manager and self-manage and he’s demanded the vacant position on the two-person Executive Committee.
It’s two votes against two so can he just do that? And is self management the way to go? – Shaken, Randwick
ANSWER: Before he’s even moved in your new neighbour has broken a couple of State strata laws, a council planning law and a handful of your own by-laws.
He can’t change floors, walls and ceilings without Owners Corporation permission, he can’t renovate his apartment without giving notice, he can’t alter the structure of the building without council permission, he can’t rip up carpets in defiance of by-laws and he can’t just “acquire” common property loft space.
The by-law changes and special resolutions that he’d need require a 75 percent vote in favour. He doesn’t even have a simple majority and he’ll have even less support when he starts stomping around on uncovered floors above his new best friend’s flat.
He should be talking to you guys about how he’s going to put things right. Failing that he faces a raft of action and possible fines at the Consumer Trader And Tenancy Tribunal.
As for self-management and a seat on the EC, would you want this guy in charge of your building? It’s time he had a reality check and you could start by inviting a less aggressive neighbour to fill the EC vacancy.
Please email your questions to mail@flatchat.com.au.