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I rent an appartment with carspace. Here is a little background, I wrongly parked in common property and was warned by the building manager, who was very angry.
OK, I moved and apologised. I was then Issued a breach of by laws notice,
Of which there were some other things tacked on. I agreed to disagree to it all, but however, acknowledged the notice and have not commited the same “offence” again.
That was 05/09/11 when I recived that notice. Next day, i try to access my car space, and the remote was deactivated. I approached the BM and he informed me that he had denied access because of my breach.
I sent a letter to the landlord and strata managment co, and the access was granted, for 1 day, then the building manger deactivated it again, for the same “offence”. I still cant get in today!
I have never been informed of this in writing.
The BM is a very emotional person, I cant prove it, but he told me “no matter how long I live there, I will never have access to my carspace” and also made an offensive and racist comment to my friend, which WAS witnessed independantly.
I have to my landlord, I only want my acess back, that’s all, nothing else, just that.
He has done nothing at all, and I sent him a final request Last Monday 17/10/11.
I have the feeling that I have no rights, and the owners corp can do as they please at any time on any matter.
What can i do, if anything to resolve this issue, bearing in mind that my BM is unapproachable.
Thank you for any help.
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My building had a manager like this a few years ago. Being nasty to tenants was his way of ingratiating himself with owners – at least he thought so. He ended being run out of the building.
I've been getting criticised recently for being hard on landlords so can I say the chances are your landlord is as wary of this nutter as you are – but he has to step up and make sure things are done properly. Maybe all he needs is a little encouragement.
Contact Fair Trading’s tenancy division on 13 32 20 and say you need them to tell your landlord to take action against the building manager. Otherwise, you'll want compensation for the time the car space isn’t available.
It's a roundabout way of getting things done but, as I discovered recently, for $36 you can get Fair Trading and the CTTT to force your landlord to do what any decent landlord would and should do 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.
Re the photographs: Perhaps you should contact the NSW Privacy Commissioner on 02 80191600 (I'm assuming you're in this state) for some advice about rights to privacy – especially where you have a 'reasonable expectation' of privacy. I'd say you should be able to expect privacy at home – though I do know that the law does not limit the taking of photographs in public except in very few circumstances.
If you're a tenant, is there any hope of getting support from your landlord who, as unit owner, may be able to do something by complaining to the owners' corporation?
Kevv, you got an order from the Tribunal, the OC haven’t done anything, therefore they are in breach and can be fined.
Talk to Tenants NSW about the next step. You’ve already won – all you need to do now is collect the prize. And don’t forget that a majority of strata dwellings are tenanted. You are in the majority – you owe it to yourself and the next tenants to make sure this building manager is dealt with by his employers – the OC of your building.
This isn’t a strata problem – it’s one little psycho and if he was your next-door neighbour in a house you could have just as many problems but with no one to turn to.
And I’m guessing you have never been to prison or you would not have made that last comment.
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 JimmyT. It's well worth giving the Tenants Union – aka Tenants NSW – a go…. and I agree about the potential for a similar problem to develop if you had neighbour problems in a free standing house.
I've never been to prison, but I've been both a tenant and a resident owner, and have lived in houses and flats. My worst crazy neighbour problem was actually in a free standing house.
You're almost there kevv39… don't let this problem make you homeless.
Hang in there. By the sounds of it you are winning. Problems we have had were caused because people were slack about the law, took an easy path which left a worse issue to be dealt with years or decades later, or people who backed off as soon as anyone objected even a little bit which just trained to bullies to expect to get away with being unreasonable. You will do everyone a favour by following through even though the legal processes are slow.
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