Flat Chat Strata Forum Common Property Current Page

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  • #8714
    Greentea
    Flatchatter

      Need advice please!

      We have an EC of two. One member of the EC has been rennovating since they moved in, to their top floor apartment. They took out a wall and got a by law to do so.

       

      There was an agreement at the last AGM (when the EC member was elected) to get a by law for people who wanted to install air conditioning. This EC member went ahead an installed AC anyway, without the by law and without any permission or decision or knowledge of the other EC member.

       

      In installing the EC their provider was in the roof cavity and moved tiles and didn’t put the back. Then there was a huge storm and the water pooled in the ceiling and flooded their lot. They assure the neighbour next door (shared roof space) and neighbour below the damage is confined to their unit only. They have put in their own insurance claim but the Owners Corporation and the Strata Manager have no knowlege or oversight of what they are doing. 

       

      This EC member has also installed tiles on their balcony (common property) over existing tiles, without permission or knowledge of the other EC member. They’ve also installed a ceiling fan, also without knowledge or permission!

       

      They have a crack in their ceiling, near the new ceiling fan and want the Owners Corpration to pay for it, but who can say if this is due to their electricians (AC, fan) being up in the roof space, the flood, or even them taking out a wall??

       

      What should the remaining EC member do about this mess?

       

      What should the Strata Manager do?

       

      What should the Owners’ Corporation do?

    Viewing 3 replies - 1 through 3 (of 3 total)
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    • #17951
      Whale
      Flatchatter

        Firstly, in NSW no By-Law is legal unless it’s been Registered and placed on your Plan’s Strata Title by Land & Property Information (incorporating the former Land Titles Office), so check with your Strata Manager about whether that’s been done.

        Whilst the issues you raise are numerous, the same principles apply. Those being that if the By-Laws (actually Special By-Laws) were resolved (voted on and passed) by the Owners Corporation AND they’ve been Registered, then all works completed in accordance with those are legal provided the Proprietor having those works undertaken has advised the Owners Corporation (O/C) accordingly in writing, and the O/C has acknowledged that advice in writing and included any conditions contained in the By-Laws – such as who’s responsible for the ongoing maintenance of whatever’s been done (usually the Proprietor).

        With regard to the damage caused by the water entering through the roof tiles, it’s up to the neighbours to firstly assure themselves that the damage is confined to the Executive Committee (E/C) Member’s Unit, and secondly to inform the remaining E/C Member and the Strata Manager about what’s happened and about the fact that the works are about to be undertaken on Common Property (roof and ceiling) for which the Owners Corporation is responsible.

        Same approach with the ceiling fan, the cracked ceiling, and the balcony tiles – where the other E/C Member needs to instruct the Strata Manager to do whatever needs to be done to ensure that the By-Laws and Legislative requirements are complied with.

        It’s clear that you have one of those Proprietors who thinks that the rules don’t apply to them because they’re on the E/C, so I hope that the other E/C Member’s prepared to instruct the Strata Manager to bring that Proprietor to heal (they should know how), and that approach is supported by the O/C as a whole.

        If that overall approach stalls, then I’m sure that others on this Forum will advise you, as one Owner, about how to use resources such as the Consumer, Trader, and Tenancy Tribunal (in NSW) to get things moving.  

        #17954
        kiwipaul
        Flatchatter

          With an EC of only 2 if both vote on any issue then they both must vote the same for a motion to pass. If one is for and one against the motion fails, each member only has 1 vote and it doesn’t matter if 1 is chairperson, secretary and treasurer his vote is worth just the same an ordinary committee member.

          So any spending that the offender requests via a EC motion the second EC member has power of veto just by voting against the motion.

          As for the insurance claim the SM should authorize the claim before it’s submitted otherwise the insurance company will reject it.

          Suggest you make sure you get on the EC at next AGM.

          #18004
          Greentea
          Flatchatter
          Chat-starter

            Thanks Whale and KiwiPaul for your advice, very helpful.

            Just wish people who buy apartments would show some courtesy and accept they live in strata, not torrents title. Too much to ask??

          Viewing 3 replies - 1 through 3 (of 3 total)
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