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23/08/2011 at 12:22 am #7600
Hi
My nana, who is 97, lives in a strata block in WA with 15 units. They recently had a council meeting to vote on having a Foxtel connection installed for around $780 a unit.
The motion was passed 6 votes to 4 and now she is liable to contribute to a Foxtel connection she doesn't want and will never use. She is a pensioner and is unable to afford the levy.
Are they able to make her pay for a service she can't afford and does not want?
Any information or advise would be much appreciated.
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23/08/2011 at 10:18 am #13589
First up, I'm not sure if exactly where strata law is the same or different in WA but it will be.
The first question is whether or not the Owners Corporation could make this decision by a simple majority, then there's a question of whether this includes subscription as well as connection. And then there's the whole question of any opt-out possibilities (unlikely if common property is involved).
WA strata law is still in its infancy and they are way behind the rest of us in its development and application. For instance, strata managers in WA don't even have to be licensed. You can download the WA government's Guide To Strata Titles HERE but I don't know how much help it will be. It does say that changes to any structure must have unanimous approval – but I don't know if that applies to cabling Foxtel.
25.1 Strata Schemes (sec 7 and 7B STA)
25.1.1 Approval for Structural Alterations
The alterations of any structure on a strata lot must be approved by the other lot owners in writing or the strata company by a resolution without dissent at a general meeting.Strata Disputes in WA are refereed by the State Administrative Tribunal but the guide warns that they will not offer advice and, in any case, their decision may end up in court. (Sounds familiar, eh?)It costs about $60 to register a dispute and you can get the forms HERE.
Where to go for advice, I'm not sure. You could start with the WA branch of Strata Communities Australia – the new national umbrella body for strata managers. Their website is HERE. Or you could contact the Strata Titles Institute of WA at their email address: admin@stiwa.com.au.
One thing though – three other people voted against the Foxtel installation and they should all be working together on this. Time for a cup of tea with the neighbours, I reckon.
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.
23/08/2011 at 10:28 am #13590Was that for the Foxtel cabling to be laid to the unit block?
When our townhouse complex was built it did not have the cabling needed for foxtel. We had a number of enquiries from residents and got quotes that came in at about the $10,000 mark. As most residents were not interested, we decided against this.
We gave owners permission to install satellite dishes on their roof instead. Then those who wanted it organised it and paid for the installation, which was much cheaper than getting the cabling in place. This is OK for a townhouse complex with each unit having their own roof and installation can be done without dishes being too obvious (we do state that dishes must be the standard sized Foxtel dishes, not those the size of NASA dishes).
In a unit complex you would probably have to have a dish on each balcony.
23/08/2011 at 2:21 pm #13594Our building has old Foxtel cables (referred to as Foxtel Lite) but we haven't bothered to update them because no-one seems interested in it. However, I raised with our Strata Manager earlier this year whether we would have to do something to our building once the NBN comes around. He was clueless (like he is on most things). At the end of the day, cables are just like pipes and electrics, so I don't know why these things are not upgraded (and why no-one bothers to think about making provision for it).
23/08/2011 at 3:14 pm #13597struggler said:
In a unit complex you would probably have to have a dish on each balcony.
Have a drive past the developments on the way to the airport in Sydney and see what it looks like when every balcony has a satellite disk on it. Better for everyone to put one big one on the roof and cable it. Otherwise your “luxury” block ends up looking like a council house scheme in Britain.
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.
24/08/2011 at 10:33 am #13599Yes, the satellite dish on each balcony is definitely not a good look. Especially when they are the size of the balcony. And personally, would not want to live in something that looked like that! A satellite dish on each balcony may be a cheaper option, but it also does cheapen the complex's visual appeal!
Getting Foxtel installed would be good for resale value of the unit.
This is a good example of people, especially pensioners, not being able to afford special levies. In this case, it is not an essential repair, but what about next time, when there is a need to put in $1,000 for work that cannot be avoided.
Perhaps craigmc can find out if his grandmother can pay in installments? I know when we had a special levy for essential works, we spread it out over a few quarters to lessen the load on all owners. So the OC essentially paid for the works and had the owners pay us back.
I understand how difficult it is for those working to afford unexpected extras, let alone those who are not. But one cannot live in strata and not have to put in some extra sometime!
24/08/2011 at 1:48 pm #13601Just to echo Struggler's points, maybe the EC should look at raising a strata loan for the work to spread the cost even further. It's an awful situation when the majority want to do something perfectly reasonable with their building but the minority can't afford it: there has to be a more sophisticated answer than “pay up or move out”
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.
24/08/2011 at 2:11 pm #13602This is related to Foxtel and other pay TV services.
Several months ago we received a brochure explaining the Digital roll out across Australia. There are a couple of pages for people in Strata asking “Is your building ready for digital television?”.
When analogue television is finally turned off, will it mean that Owners in Strata plans will need to replace whatever they have now to receive television signals, or is it just the television set?
24/08/2011 at 10:31 pm #13604You don't have to change the TV – a set-top box will feed digital signals into even an old Cathode Ray Tube TV (and give you a better picture).
Your problem in a high rise is all the splitters, resistors and boosters required to make sure everyone in the building gets a fair share of the signal.
And that, folks, is the limit of my technical knowledge. Ask an expert now before everybody is doing it at the same time and the rates go through the roof.
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.
25/08/2011 at 9:21 am #13610Are there other upgrades to facilities that would be of interest to those uninterested in Foxtel? Perhaps a range of facilities could be proposed where all might see benefit in at least one of those things. We have a tennis court but not everyone plays tennis. We have a playground but not everyone has children or grandchildren. Not everyone uses the BBQ.
Generally people don’t begrudge the facilities that are used by only a subset of owners. Those things all went in quite a while ago. Now things have ossified a bit and we are getting arguments along those lines. We had a recent proposal to set up a community garden (we have a large area of land) where residents might have a fair sized vegetable plot (or share one if they didn’t want so much).
We have enough in reserves to not need a special levy to set it up. Once established well with a possum-resistant fence and landscaping around and so on it would have no on-going costs to owners. We had had one in the late 70s, early 80s so our Articles had a section to govern how it would run. It would have used $95/unit out of savings to set up well.
Nonetheless, the proposal failed to get majority support, with some objecting to paying for something some wouldn’t use. I thought I would enjoy seeing and meeting my neighbours out in the garden even if I didn’t have a plot. Over time I though many units would use the garden as people’s lives changed and they gave up or took up vegie growing. Sadly, a majority did not see it this way.
29/08/2011 at 10:58 am #13634We have two building in our strata plan, a larger one with 8 apartments and a smaller with 4. The buildings have separate TV distribution systems. Two or 3 of the owners in the larger building wanted to get Foxtel. Rather than a satellite solution with separate cables somehow running to each apartment, we decided to integrate it into our (modern) TV distribution system. It was expensive to do this but it meant that there would be no ugly cables and only 1 dish on the roof. And also Foxtel would go to every TV outlet in all the apartments. I didn't want Foxtel but voted for it. None of the owners in the smaller building wanted it at all. Eventually we decided to install Foxtel in the larger building only and strike a special levy to pay for it from just the 8 owners who would get the service. Since then a few residents in the smaller building have asked for Foxtel – which they can have if they pay for a similar installation.
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