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Our strata scheme was recently put under compulsory administration with the executive committee dissolved. NCAT in their wisdom didn’t actually give any warning and both the previous and new strata managing agencies were on holiday when the decision was provided.
A resident has taken advantage of this temporary vacuum and is installing windows to their unit which don’t conform to the design agreed for the strata scheme at EGMs, the DA, what was provided to the private certifier, etc. No notice of these works were provided. Trades people just took over the car park one day. Incidentally this is the same resident who would use their balcony under construction despite it having no guard rails. This is mentioned in another thread.
As NCAT had dissolved the Executive Committee no notice could be issued by them. Fair Trading advised to lodge a mediation request which would occur in 4 weeks! Good grief the work will be finished by then! Council was contacted but advised that the private certifier needed to investigate and to contact them. For heavens sake the private certifier is on holidays for 2 weeks!
Incredibly there is no one in charge or with authority to take action and stop this work!
How about that?! Do we win the prize for the most ridiculous situation a strata scheme has found itself in?
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It seems to me that you should seek immediate professional legal advice!
But I do see that NCAT has an “Urgent applications” system that can be heard within 1 to 7 days:
http://www.ncat.nsw.gov.au/Pages/cc/Applications/ccd_urgent_applications.aspx
http://www.ncat.nsw.gov.au/Documents/ccd_form_strata_interim_orders_application.pdf
This is to obtain “interim orders”. Eg that the works must stop until they are approved.
Hi Shackleton
First thing to do is to calm down
I’ll go agagain Austman and duggest that in tjth case there is no urgency
Installation of the windows in hardly likely to affect any structural integrity of the building.
The installation, or rather the approval for the Window installation is entirely at the lot owners risk.
The SSMA gives the power to the OC to have unapproved alterations to common property reversed and the costs born by the lot owner. The OC can contract to have the remediation done and charge the lot owner. The OC has the right to enter property in order to carry out remediation.
So on all counts, it’s the errant lot owner who faces the greatest financial risk.
The window installation is all reversible.
Your action in the interim should be to ask the errant owner if they have OC approval for the new windows. If not explain that they are breacing a number of bylaws and that you will inform the SM to take action through NCAT
If you have feral lot owners like this I am not surprised an SM was appointed by the court.
@Austman said:
But I do see that NCAT has an “Urgent applications” system that can be heard within 1 to 7 days:
This is to obtain “interim orders”. Eg that the works must stop until they are approved.And it is one of the exceptions that don’t require mediation before it can proceed.
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 agree with caindub, chill. If their sins are that bad they can get called to account and to rectify thereafter.
That said the ideal is for these things to not happen in the first place as some folks who play this game do get away with it because the committee can be conflict-avoiding esp if they dont have the nous or experience to know the potential death by 1000 cuts to your building or just are not up for the fight (or in your case sound like you have other, larger issues in play temporarily). They/someone need to be though or they may set a precedent for others to get away with it also. and they may be allowing something through which gets signed off on then later presents as an issue.
My block had some young folks who applied for tiles but also then swapped their balcony sliding door for fully opening bi-folds. My committee hummed and harred then afterward ok’ed these, but now others can see straight in (and be accused of staring in) and it’s only their stereo/tv noise booms out across the complex.
All up, prevention is better than cure.
Wish you well with it all.
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