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My mother lives in an older style building with a communal laundry. There are 8 units in the building. Some units have had a laundry built into their kitchen or bathroom but some units still use the communal laundry with their own machine. The EX committee have told the people using the communal laundry that the washing machines in the laundry must be removed in 7 days or they will be disposed of. Some of these people have been using the laundry for over 40 years and have been left with no washing facilities whatsoever.Can the EX committee decide this off their own back? The people it effects the most are elderly pensions that don’t have the funds to fight this.Help.
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Which state does your Mum live in?
Do you know if the communal laundry is on common property? Any by-laws detailing use of the communal laundry? Keeping electrical appliances safety tagged for e.g.?
Has there been any correspondence regarding changes to the communal laundry? From EC/AGM minutes? In my building, we’ve had a recent query delivered with a bit of outrage about something which has been discussed at the last 18 months of EC meetings & was a special resolution at the last AGM. Not saying that this is your Mum’s case but worth a double check.
I would be sending a letter to the EC:
1. Asking them by what authority they were demanding removal of the washing machine
2. Did they have development approval for change of use (if that’s what they are planning)?
3. Are the aware that they have to get orders from NCAT before they can touch private property left on common property?
Also, as you Mum is a pensioner, it only costs about $10 to raise an issue at Fair Trading or NCAT. If you don’t get a satisfactory answer, she could seek an interim order forbidding the EC from doing anything.
Perhaps if you explain all this to the EC in writing, they might back off.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
There may be procedural grounds to contest too, such as whether the item was on the agenda circulated to residents ahead of the meeting etc.
Frankly for only 8 units it’s a bit strange that everyone isn’t on the EC, nor that the EC wouldn’t informally raise these issues well ahead and around a meeting. Not a great way to run the complex.
The affected residents should have some conversations with the EC, with some suggestion of nominating themselves instead of current members next time the EC is up for renewal given the way this issue is being managed…
@tharra said:
…In my building, we’ve had a recent query delivered with a bit of outrage about something which has been discussed at the last 18 months of EC meetings & was a special resolution at the last AGM. Not saying that this is your Mum’s case but worth a double check.I hear you! [Of course, it is most likely not be the problem here.]
I think ‘lack of consultation’ is a perennial complaint. Ironically, the people making the complaint have in my experience generally overlooked that it was a matter put to them in multiple forms of communication.
One time, we had a serious matter about which we got written legal advice. The EC wrote to all owners. Sent a copy of the legal advice with a covering letter inviting people to 1) ask any of the EC members, and 2) come to an information evening at which the lawyer would explain our problem, his advice and respond to any questions. We also reminded people about the information evening in a newsletter delivered to each unit. The newsletter included a summary of the issue, again with an invitation to ask any EC member and our contact details.
At the meeting one angry owner complained about the lack of consultation about this issue while the lawyer was speaking. For once it was nice to not be the target. The lawyer slapped this down in a way we could not have done. He praised the EC for having sought advice on the important topic, distributing it to all owners and for having provided the evening as a means for consultation. He said he heard the comment 3 times a week and it usually came from people who could not be bothered to simply ask. So nice to hear someone else say what we had to stay too polite to say!
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