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  • #7936
    Anonymous

      Dear  Jimmy,

       

       Re:  CHANGES TO THE BY-LAWS.

      These are my observations after 30 yrs of living in a home unit block. The same problems with every new owner/tenant. Anger is always directed at the EC who does all the work. The wrongdoer always feels victimized and will not concede that they have done the wrong thing. The tenant owner doesn’t ever attend meetings.

      No one fully understands the by-laws i.e.”anything visible” We have had up to six very different colored blinds at the one time on our building. Most 1 water meter unit blocks do not know that all the water they use is paid from levies. They argue that they pay for their own water on their ¼  bills & it is only a few dollars. They are referring to water service charge for connections to the building, $8 per unit; these residents do not deem it necessary to conserve water usage.

      I have submitted the following for your consideration. If the following were in place the EC, M/agent and Fair Trading Department would need to lift their game and have a solid process in place to see that the proper action happens within a suitable time frame.  This would save a lot of unhappiness, time and money and administration funds would not be depleted by Tribunal costs.

       

      Alice

       

       

      OPINION ON HOW STRATA BY-LAWS SHOULD BE FIXED. 15/2/12

      The present laws cover everything. All residents must follow the rules. The language must use simple terms e.g. washing instead of laundry. Unit not lot.

       2012 New Strata By-Laws should override all previous by-laws, be descriptive ,mean what they state & be legally binding on the individual .I.e. Appearance of Building “must not keep anythingwithin your unit including balcony & windows that is not in keeping with the rest of the building” e.g. window blinds, screen doors/window screens, packaging at windows, flags, furniture, awnings  etc. e.g. washing on balconies “must not be visible from street”(this by-law should follow appearance by- law in the brochure). Appearance is very important in maintaining property value.

      Written proof should be given to the E.C. that the by-laws/sec.116/117 have been read & understood by person buying unit, when they move in. Sale Solicitors should instruct all owners when buying the property to understand all by-laws/sections (not just give out a copy) Solicitor must issue a signed document (solicitor & Buyer signature) as written proof to EC. Residents could not say they did not know the laws. Letting agent to do same for tenants.

      Make Section 116/7 a By-Law. 14 days notice to EC when renovating unit. This item is ignored. It is expensive & time consuming for the EC to fix problems after installation. Until this is corrected by-laws will always be open to abuse.

      Noise by-law – include loud renovation noise. E.g. prior notice on notice board that noise will occur until the renovation is completed. When forewarned residents can make alternative arrangements to their activities on the days to lessen the stress associated with loud unexpected noise for several days.

      Written permission, for approval of plans, before installation. Anything pertaining to Appearance of the building, Washing on Balconies, alterations within your Unit, wooden floors, door & window screens, air-conditioning, any external attachments and car parking must have written permission from the EC.,

      The onus must be on the owner to install in the agreed manner after written permission is granted. If complaints re noise from wooden floors, a/cond. etc after installing the EC notifies M/Agent, Owner must rectify the problem or remove the problem (e.g. large carpet under table & chairs pull out area). EC should not have to spend time and money fixing problems while owners/rental owners sit back.

       

       Fines for not obeying the by-laws.  Letter from Man .Agent is time consuming, expensive and ignored… FINES to be paid into SINKING FUND–NOT FAIR TRADING.

      Any expenses incurred by Fair Trading Mediation paid by offender.

       

       Unpaid levies needs fixing. Owner should not be allowed to carry on renovating their unit while levies are unpaid. Consideration given for genuine hardship.

      All repairs/maintenance the Owner’s Corporation is responsible for should be through the EC to Man/Agent of complex, not a letting agency – not all letting agent tradesmen are reliable and do not know the history of the building –can be costly.

      Owner responsibility repairs within their unit should be clearly identified and published with the by-laws as “who pays for what”. Light fittings, Unit front door, Sliding doors, locks on doors etc. Owners should know what they have to pay for.

       

       

      ALTERNATIVES TO WASHING ON BALCONIES.  Special fixtures. Etc.

      Concealing small washing items even on modern glass balconies is possible. A Perspex product called “ice” can be used as a shield and cannot be noticed from the street.

      2 chairs with filled in backs placed in front of washing will hide a small amount of Washing.  Washing should be hung below a brick balcony.

       

      ALTERNATIVES TO WOODEN FLOORS -if a noise problem is reported, negotiate with offender and EC for a solution to overcome problem –large mats to cover under table and chairs when chairs are drawn out. If noise is still a problem then the onus is on the owner to remove the wooden floor. Why should those living lower have to put up with ongoing irritating noise.

      All attachments must remain the responsibility of the 0wner and they should have to insure those attachments with their contents insurance policy.

      Air conditioners can be attached to buildings with nothing showing from the street. (We have 3 such installations)

      (In Kensington Street Kogarah a new unit block occupied late 2011, about 8 balconies wide and 7 stories high (54 balconies). Most days of the week and all week-end the 54 balconies have washing hanging from the ceiling and over the ornamental balcony walls. Not all the washing looks fresh and clean.      

       

       

       

      The format for the by-law numbers, in my opinion, should be listed in order of relevance to the different areas of the property.

       

      EXAMPLE

      APPEARANCE OF THE BUILDING

      DRYING OF WASHING 

      CHANGE OF UNIT USAGE (e.g. from residential to business)

      SECTION 116/117 NOTICE BEFORE ALTERING THE STRUCTURE

      CLEANING WINDOWS

      STORAGE OF INFLAMMABLE LIQUIDS

      MOVING FURNITURE

      FLOOR COVERINGS

      FIRE SAFETY.

       

      VEHICLES – PARKING

      BEHAVIOUR OF VISITORS

      BEHAVIOUR OF OCCUPANTS

      KEEPING OF ANIMALS – should be special by-law registered to each complex.

       

      OBSTRUCTION OF COMMON PROPERTY

      DAMAGE TO LAWNS ETC

      DAMAGE TO COMMON PROPERTY

      GARBAGE DISPOSAL (as per council requirements)

      DEPOSITING RUBBISH ON COMMON PROPERTY

      CHILDREN PLAYING ON COMMON PROPERTY

       

      NOTICE BOARD – should this be in the by-laws? or responsibility of Owners section.

      FIRE PROTECTION.  Residents should be familiar with a meeting place in case of fire.

       

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    • #14827
      struggler
      Flatchatter

        I agree totally that by-laws should be legally binding and have stated such on numerous occasions on this forum.  There are product disclosure statements and terms and conditions for just about everything out there.  I have just purchased new computer software.  I paid for it, it is mine, but I can only use it under the terms and conditions of the software company and I have to agree to those terms and conditions before I can use the software that I have paid for.  

        But for the biggest purchase in your life, whether it is a bedsit or 3 bedroom with views, it is the biggest single outlay of your money you will make and yet there is nothing to sign saying you realise that there are by laws that you must abide by and there are consequences to not complying with these by laws.  And not complying by one affects all in a strata complex in one way or another. 

        We have written  our by laws in a child like manner, making it as simple as possible to try and make all residents aware of what common property is and what they can and cannot do.  And yet we are still confronted with owners who, when told you can't do that make with the furrowed brow and boo boo face saying “I didn't know….sorry”  only to do the same or similar again, and again, and again…..   A signed document stating that they have read the bylaws and will obey them may make it easier to take action instead of EC's having to jump through hoops.  Why when you sign a lease is there an agreement between tenant and landlord pertaining to the use and maintenance of a premises and no document between an owner and the strata complex they are moving into?

        We should be making owners more legally responsible not EC's more liable.  Half of the work for the EC in this complex would not exist if it wasn't for the owners!  Then the real work could get done.  Can't organise anything when  you have to spoon feed owners.

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