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  • #7733

    Hello,

    Thanks for any advice in advance. I am having a lot of trouble with my building manager, but that's for another post.

    Recently we received a notice of a new by lay ( I think ).

    Special by law 24,

    I will only add the part that I think is unfair, I am renting not an owner, if that makes a difference.

    (f) pay the Bond of S200 to the Owners Corporation either via cash to the office
    of the Managing Agent, or via cheque or money order payable to ******

    (g) reimburse the Owners Corporation for all of its costs relating to the
    transportation of the Goods. These costs to include the attendance of the
    Manager, supervision of the transportation of the Goods from time to time ofthe
    Manager, costs of running the Lift, protective padding of the Lift, protection for
    common property flooring and the removal of same and inspection by the
    Manager to assess compliance with this by-law;

    (k) ensure that the transportation of the Goods does not interfere with or
    damage the common property or the property of any other Owner or occupier
    and if this occurs, the Owner or occupier must rectify that interference or
    damage within a reasonable period of time, at their own cost

    The Bond will be refunded within 1 month of the transportation of the Goods return the Bond, or the balance (if any) remaining after the Owners Corporation's costs have been deducted under this by-law (including costs under clause 3.2(g),
    (j) and (K).

     

    I have never ever seen nor heard of this practice, can someone please advise on this.

    Many thanks.

    Kevin.

Viewing 7 replies - 1 through 7 (of 7 total)
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  • #14019
    Jimmy-T
    Keymaster

      Our OC asks for a deposit, albeit a lesser amount, in case of damage to lifts and walls during removals.  But I've never heard of owners or renters being charged for the attendance of the building manager to inspect removals.  Given that everybody in the building has to move in or out at some point, I can't see how this would be above and beyond your building manager's duties.

      As a tenant, you have no role in the Owners Corporation (unless you are given a proxy vote by an owner).  So I would write to your landlord and tell him you think this is onerous and unfair.  All it takes is a 25 percent vote to stop the by-law in its tracks – but if nobody does anything, it will just slip through.

      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.
      #14021

      Thank you for the swift reply, I will try that, although my landlord is very reluctent to act on anything.

      I mde a new post in a different section that gives some background.

      What would happen if we refused? Would wse be held in custody by the OC? I knows that's a silly example, but what does happen, could we prove that $200 is a hardship, given the fact that our likely return will be $0 after costs are taken away.

      Why cant the money be held in trust by a third party eg: CTTT and administerd the same way as a rental bond?

      #14026
      Billen Ben
      Flatchatter

        Let's say you do refuse to pay the part (f) bond; what can the OC do?

        Perhaps they might send you a notice to comply for breaching the by-law. Hooray for them. You are gone so it is not as if you are about to re-offend.

        This by-law sounds completely bizarre, just ignore the by-law. You would not be the first tenant in NSW to ignore a half-baked strata by-law. Let the OC try to enforce it and see how they go.

        Who proposed this by-law; the Manager??

        Situations like this should not exist – they can't hold prisoner.

        #14027
        Jimmy-T
        Keymaster

          What would happen is that, for instance, the building manager would refuse to 'lock off' a lift for the exclusive use of the removalists, extending their time to the owners great expense. There could also be issues with access to the building with similarly expensive results.

          OCs have a perfect right to protect common property against the scuffs and scrapes of careless removalists.  A bond will make everyone just a bit more careful, in which case it can be returned intact.

          BTW, I have just learned that my building used to charge $100 attendance fee for the building manager to supervise removals – but then someone (not me) wrote to the papers and it was quietly shelved.

          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.
          #14049
          Billen Ben
          Flatchatter

            So there are multiple lifts and the owner is using a removalist?
            I failed to read that part of the post.

            I would not argue the OC has a “perfect right” to protect the common property but what Jimmy suggests is a part of what is wrong in strata.

            If a person breaks a by-law then be as big a pain as possible to that person and see if you can't hit them where it may or may not hurt, in the hip pocket — that is what i am reading. That is sad.

            One could just as easily pay the bond and be the victim of a disgruntled manager if the manager doesn't like what he is seeing. In the case in question it sounds as if the manager and the tenant are not best of friends so there is little guarantee everything would go smooth anyway.
            Perhaps we all need a 5 page by-law giving those moving out a degree of protection so they can get out without having to wrap the exit path in cotton wool.

            Don't removalists have there own insurance to cover any damage caused in the act of moving the client?

            If the owner/tenanat self moves then they save a bomb and half of Jimmy's immediate reprisal approach disappears – let the guy not lock the lift; if that was ever going to be the case.

            In my SP there is a bond applied to hire of one of the common property buildings. This is only a relatively new thing, it is a policy and not a by-law, and one person has already not had their bond returned. The place was left tidy and any “issues” were sorted by the hirer, at the hirer's expense. The OC gave no reason for keeping the bond.

            I will take this concept a little further. We have owners who hire large earth moving equipment (vehicles with tracks) that drive on concrete roads that cost significant money. Water tankers, concrete truck and other very heavy large vehicles are fairly common. The potential damage could run into tens of thousands of dollars. If this OC required a bond to protect themselves from potential damage then it would prohibit most owners from ever having these service available – especially if the bond ended up being consumed to pay someone to watch.

            I understand where you are coming from with the bond concept and the details are somewhat unimportant but I am with those who would object to having to pay to have the building manager stand and watch the whole removal at the departing persons expense.

            Pay for any damage- sure.
            Pay to have the removal police watch over the parade – no thanks.

            #14060
            Jimmy-T
            Keymaster

              Billen Ben said:

              I would not argue the OC has a “perfect right” to protect the common property but what Jimmy suggests is a part of what is wrong in strata.

              If a person breaks a by-law then be as big a pain as possible to that person and see if you can't hit them where it may or may not hurt, in the hip pocket — that is what i am reading. That is sad.

              Sad, maybe, but a fact of life. If somebody moving out is inconsiderate or careless enough to damage common property, what are your chances of getting the money back off them after they'd disappeared into the sunset?  Or should we just accept that some people don't give a damn about their neighbours and pay the bills to repair the damage they cause?

              If your building has an issue with the EC unfairly refusing to return bonds, then maybe you could deal with that using the methods you have suggested to everyone else for dealing with damage done by departed residents. Hmmm. Not so easy, is it?

              I didn't, by the way, suggest that paying to have the strata manager oversee the removal was a good idea. In fact, I said the opposite.   But having the manager check the common areas before and after the move then promptly refund the bond if there is no damage (or otherwise) seems like common sense to me.  Let the removalists claim it off their insurance then, if damage has been done.

              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.
              #14178

              A bit of an update on this issue. Firstly, when the time comes we wont be using removalists, just a few friends willing to help.

              (i) only carry out the transportation of Goods at the building between 9:00am and 4:00pm Mondays to Saturdays.

              I have multiple photos of other tennants moving in aftr 9pm on a Saturday evening, no building manager in sight, also with items leaning against the lift interior with no padding (one lift has the protective padding permanetly in place).

              I'm not going to pay $200 to a buliding manager who is selective when it comes to enforcing by laws!

            Viewing 7 replies - 1 through 7 (of 7 total)
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