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We have been living in a high rise apartment complex comprising of two blocks under two strata plans for four years. The blocks were completed in 2016 in Western Sydney NSW. Our strata plans have been managed by a strata management company and a building management company, both were originally appointed by the developer.
Over 90% of our owners and residents are non-English speaking migrants who have no interest in strata affairs due to language barrier and lack of computers skills as our ONLY means of communication is intranet provided by the strata management company.
We have a off-site strata manager(SM) and a full time on site building manager (BM) who handles the day to day strata affairs. Our strata committees comprise of owners with little strata living experience, poor strata law and practice knowledge and worst couldn’t care or less attitude but only their self-interest to gain insider information. As a result, the SM and BM exploit their ignorance and their passive attitude.
They manage our strata affairs in an opaque style, revealing little information, omitting or neglecting the important duties of strata law compliance and enforcement. The strata committees also fail to oversee SM and BM functions to provide the necessary checks and balance.
We therefore became Secretary of two of the Strata Plans in order to intervene. We are most concerned with the three most important issues since our election as Secretary in October, 2019
Illegal added bedrooms – In February, we found out we have over 18 cases of illegal structures in 18 apartments. A few have been discovered over two years ago and have not been rectified as but the BM failed to take determinate timely compliance and enforcement actions. The continual existence of such substantial number of outstanding cases are worrying as they possess serious financial risks and fire hazards to all owners and residents.
Illegal dumping of bulky unwanted household items and trade waste – The building manager allow and condone such illegal dumping and adopt non-intervention policy without the approval of the OC and SC. (The self-explanatory letter on this subject is attached for your comment and opinion) The repeated rejections of the past Strata committees obsessed with budget adherence have encouraged illegal dumpers because of lack of surveillance
BELOW IS THE FULL CONTENT OF OUR PETITION LETTER SENT TWO WEEKS AGO SENT TO STRATA COMMITTEE MEMBERS, STRATA MANAGER, BUILDING MANAGER AND THEIR SENIOR MANAGERS. BUT NONE OF THEM HAVE RESPONDED.
THE LETTER
Re. ILLEGAL DUMPING AND THE LEGITIMACY OF PAYMENT OF ITS TRANSPORT AND REMOVAL EXPENSES
In response to BUILDING MANAGER’S(BM) recent emails on the above subject dated xxxxxx, we would like to highlight to your special attention on the deteriorating actual situation in our three main garbage rooms since August, 2016.
Our opinions are formulated after thorough research of strata law, local council waste disposal policy and NSW common strata management practice. Our conclusion is that it is imperative that our strata management (SM) should firstly perform their statutory duties diligently of strata law compliance and enforcement to maintain our peaceful living conditions. S
econdly, owners corporation (OC) and its owners should not be made to pay for all the expenses of illegal dumping caused by a few inconsiderate residents/owners, invitees and often non-residents who, with assistance of their friends living in our three apartment blocks, can access to our garbage rooms during and after office hours and especially during weekends and long public holidays.
The following are our observations and research during the past 3 1/2 years as residents and users of the main garbage rooms.
BY LAW AND NSW STRATA LEGISLATION
There is no express provision or implied intention in our strata By-law or the NSW strata legislation to impose a legal obligation on the OC to allow the storage, removal and disposal of illegal dumped and abandoned household items and/or trade waste by inconsiderate residents/owners, their invitees and non-resident friends.
It is unjust and unfair that OC should absorb such costs as part the ADMINISTRATION EXPENSES UNDER the heading of GENERAL CLEANING COST if the Building Manager (BM) does not perform his statutory duty and condone the illegal dumping and the storage of bulky unwanted household items and trade waste under a policy of his own imagination or assumption without the full knowledge and approval of the OCs and SCs.
LOCAL COUNCIL REGULATIONS
By Law 12.1 (c) (i) xxxxxxxxx Council pamphlets EXPRESSLY specify in detail in their publicity pamphlets (1) what are acceptable GENERAL rubbish and RECYCYABLE rubbish. (2) what are the PROBIBITED items which must be disposed in some other WAYS i.e. move to its nominated depots or designated areas on Council Waste Collection dates by the dumpers and at their own expense. PHOTOS OF COUNCIL PUBLICITY PAMPHLETS have been sent by separate email for your reference.
HAVE BUILDING MANAGER’S NON-INTERVENTION AND CONDONING PRACTICE AND THE PAYMENT OF RELATED TRANSPORT AND DISPOSAL COSTS BEEN FULLY DISCLOSED AND GAINED THE PRIOR APPROVAL OF THE OCS, SCS APPROVED BY THE OCS?
It appears from BM ‘s email that he thought our OCs had agreed with his no-intervention policy and practice in dealing with illegal dumping. Since August, 2016, we have observed that he has been allowing the storage, dumping of MANAGEABLE waste according to his standard unwanted household items and other wastes in our main garbage rooms.
Little compliance and law enforcement actions have been observed to prevent and stop such illegal dumping as evidenced by increasing volumes and sizes of bulky items of unwanted household items and trade wastes. The unwanted items have been moved by our cleaning contractors at the expense of OC to various depots or at each Council Collection dates at unknown expenses as the BM has not kept a track record and such expenses are hidden in the monthly cleaning costs.
BM assumed in his email that this service is a FREE AMENITY which OC should provide for the illegal dumpers at the expense of the OC. As a result of his non-intervention policy for 3 1/2 years, we have seen the incidents of illegal dumping and the number of copycats increased year by year as residents spread the good news of free and convenient service available in our strata schemes.
ULTRA VIRES ACTS BY STRATA MANAGEMENT
The strata committee (SC) and its authorized agents BM and SM must follow DUE PROCESS and exercise reasonable care and due diligence in making decisions and performing their duties. They should make full disclosure of all important information to OCs on MATERIAL ISSUES or EXTRAORDINARY EVENTS OR where there is a deviation from universal standard strata management practice like the present issue.
They cannot act outside their authority without the prior approval of the owners (OC) evidenced by an ordinary or special resolution.
EVIDENCE OF ACTUAL SITUATION
To disprove the travesty of the current situation presented by BM and to dispute that his claim that the unwanted items have been MANAGEABLE, we have sent a few recent photos via separate emails to show you the actual situations at the following locations.
Block ALG Main garbage room which shows E.G. king size beddings etc, dryers, desks
Block A 5/F Main Garbage room E.G 400L fridges, king size beddings
Block B B1 Main garbage room E.G. 500L fridges, queen size beds, big office desksTRADITIONAL NSW STANDARD STRATA PRACTICE
The following universal protocol has been practiced by leading long and well established strata managers operating in NSW including RHODE during our 30 YEARS past strata living experience. All residents of a strata scheme are responsible for transport and disposal of their unwanted large sized bulky household items.
Unless special approval has been obtained from OC, it will not store, move and dispose of them at its expense. No owners, residents, invitees or outsiders are allowed to dump them in common property areas. If they buy a new fridge, they must take the old one away immediately or pay a removal contractor to do so.
On Council Waste Collection dates, residents must move any unwanted household items to the Council Collection point one day before by their own effort or/and at their own expense.
PERMANENT RECURRING ADMIN EXPENSES AND ADVERSE IMPACT ON HYGIENCE
Our Strata committees of Strata Plan SPXXXX and SPYYYY have never been aware of the non-intervention policy, the year to year deteriorating actual situation and the increasing hidden costs. BM has never kept track of the dumping problem because of his genuine belief that he has been doing the right thing.
A permanent escalating hidden illegal cost has been incurred under the guise of ADMIN FUND EXPENSE HEADING 10000 – CLEANING $68,000 (please refer to latest strata annual management account)
REMEDIAL ACTIONS RECOMMENDED
FOREMOSTLY, the building manager must carry out his strata law compliance and law enforcement duties diligently and frequently to prevent and stop illegal dumping.
CCTV monitors must be installed to cover the three main garbage rooms to assist him in his compliance and law enforcement duties. In fact, we have consistently and repeatedly raised such requests to BM many times in the past three and a half years which have been ignored by some passive and couldn’t care or less SC members who are more obsessed with budget adherence than improving the security and the common interests and welfare of all owners and residents.
The building manager must obtain a separate and more transparent monthly invoice for the transport and disposal costs of illegal dumping which should show (1) number of items and kind, (2) journey e from LG garbage room to Ocean Rd depot, (3) transport labor cost, (4) extra disposal costs if any.
Strata Management head office accounts department should be advised to create a separate account to accommodate such expenses i.e. A/C No. 0000 ADMIN FUND EXPENSE ACCOUNT “ Transport and Disposal Cost of Illegal Dumping”, to improve transparency and provide useful information for year to year comparison for compliance and cost control purposes.
Thank you very much for your attention in this matter. All constructive opinions and comments are most welcomed.
END OF LETTER
All comments and opinion are most welcomed.
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