- This topic has 4 replies, 4 voices, and was last updated 2 years, 10 months ago by .
-
Topic
-
I live in an apartment complex that has four buildings to it. Two of these buildings have windows that face west and allow light and heat to come into the lift lobby area (one building) and stairwell area (second building). There are no blinds or screens on these windows. I have recorded temperatures above 40 degrees C during summer in the lobby outside my front door. None of these windows open so the heat just builds up in summer. I would like the Body Corporate to do something to reduce the amount of sun that comes in these windows. Possible solutions could include having cordless pull-down blinds installed, or solar film applied to the windows or having shutters installed. I wrote a note saying that I found the heat outside my front door to be a problem and asked if other people in these two buildings (33 apartments in total) thought it was a problem. I got 4 replies saying that they totally agreed that the heat coming in these windows is a problem. What do I do now? Do I have to wait until our next AGM (due August 2022) or can I do something before then? These windows also never get washed and it is an issue that none of them can be opened to let some air in to cool the space down.
-
Replies
-
No, you don’t have to wait for an AGM. You make a submission to the strata committee to do something about the heat, including the suggestions you have listed here and maybe even some idea of costs.
You could also include the fact that you have been contacted by several residents who agree (no need to say there were only four).
And you could politely ask if the owners corp doesn’t have a duty to arrange for someone to clean these windows (it does.
If the committee refuses to do either thing, or just doesn’t respond, your next step would be to call for mediation at Fair Trading and take it further at NCAT if that didn’t work.
But at some point, someone will tell the committee it’s easier and cheaper just to fix the problem than fight the issue then have to fix it anyway.
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.
I’m going to put forward an alternative to JT.
All owners bought into the strata knowing that the foyer faced west. The situation always existed.
Therefore any remedy is not a maintenance or a nuisance issue, as the situation existed from the beginning.
In order to have something done, you can get 25% of owners to put a motion for a general meeting to get something done ( you specify what you want done).
Alternatively put the same motion on the AGM, where it requires only your request.The motion requires passing at a general meeting as it’s a change to the common property, which can’t be passed by the committee.
At the general meeting, it will still require a majority of those voting in order to pass.
Start lobbying your neighbours now.
Therefore any remedy is not a maintenance or a nuisance issue, as the situation existed from the beginning.
Global warming? I think you could reasonably argue that circumstances have changed since the building was approved and the building as built and designed is no longer fit for purpose in this regard.
Your tactic may well be the best response but if the majority of owners aren’t affected, it could be a long battle to get 75 per cent approval.
My probably overly simplistic view is that it’s a problem and there are potential low-cost remedies – no need to dress it up as anything other than that.
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.
While doing something about the issue might be warranted, I’d like to point out that it’s the BCA/NCC building codes (at the time of construction) that the OC needed to meet.
If the BCA/NCC codes were met, then changes to the construction are optional. I doubt that any Tribunal in Australia would rule otherwise.
If it can be established that the construction did not meet the BCA/NCC building codes (at the time of the construction) the result can be very different.
Else get enough owners on board and get things changed.
- You must be logged in to reply to this topic.