Ordered to remove child safety nets from balcony

With you on that, Lady P, but I wonder if the problem is Sub-section 2: “Any such locking or safety device, screen, other device or structure … must have an appearance, after it has been installed, in keeping with the appearance of the rest of the building.”

I suspect it’s the appearance of the net that’s bugging other owners, and the allegations about drilling into the waterproofing are assumptions they are not entitled to make, but have done so to boost their claim.

It’s a mess.

By the way, some of you may have noticed that the original poster’s screen name has changed.  That’s because, despite all our requests not to do so, she has used her own name, leading to the identification of her, probably her neighbours and her strata manager.

It’s a pain – I wish people would just read the notes before they post. We can only have open and free discussions if anonymity is protected.

Lady P said:

And here is another way (which is not free): via the Office of Fair Trading

https://www.service.nsw.gov.au/transaction/apply-strata-mediation

Actually, at some point in the past year or so, they dropped the fees completely … but then, if you’re in Sydney, you have to go to Parramatta. 

I agree with JT that you may be best trying CJC first. You may get a quicker result.

NCAT fees are below. From my quick look it appears that the fee would be $101 unless you are entitled to a discount.

http://www.ncat.nsw.gov.au/Pages/apply_to_ncat/fees_and_charges/fees_and_charges.aspx

Being that your case is a ‘novel’ case i.e.  an issue that has no precedent as yet, it may be worth your while seeking expert advice. You would probably be very cross with yourself if you lost your case over some small issue that you may have inadvertently overlooked.

If you lose your dispute then your safety netting may need to be removed …. a outlay cost that you would have ‘wasted’. And your children’s safety would again be at risk… and you can’t put a price on that! 

Its your decision but if it was me, I would opt for legal advice. Give yourself the best possible chance of winning.

Dr Sherry’s advice is very good advice! 

Wouldn’t it be better to meet with the Chairperson and Strata Manager. You would normally find that these parties are quite neutral and wanting to help all parties resolve the issue before engaging lawyers and the matter becoming a bigger issue than it needs to be.

If I understand Nettie’s posts, you are suggesting the netting is a temporary installation, but just from basic physics, how could it be in order to prevent the load of an average 25kg child falling? How has it been attached to the building structure?

When and if you move, will you be taking the net and what will be done to restore the original building?

What impact might this have on the building warranty?

If the net is not noticeable, why did Council raise their concern?

Mr Strata – Mediation works in situations where one party feels threatened by, or is made to feel uncomfortable by, the other party. Mediation is a totally legitimate and acceptable form of conflict resolution. It is unfortunately the more aggressive party that usually incorrectly perceives themselves to be ‘neutral’ or benign. 

Temporary means not permanent e.g. the netting can be removed after a short number of years.

Permanent means that the netting would remain for the life of the building. Clearly, the netting would be deemed to be temporary. Nettie has provided an assurance to the Committee that the netting will removed when it is no longer needed.

Read Nettie’s comment to see how the netting has been attached. Nettie has employed a contractor who was recommended by the company supplying the product. She has provided the installation procedure to the Committee.

The Council may have responded to a complaint from a resident of the building who assumed, clearly incorrectly, that the netting was ‘bird netting’. Perhaps it was a Committee member who complained to Council?  Council does not act unless prompted to do so. Council does not usually reveal complainants identities either. It is highly unlikely that a Council employee happened upon the safety netting by pure chance. 

That’s all from me. 

Good luck Nettie. Keep us posted on your progress and the outcome.

@Nettie said:
Jimmy suggested not to go to Fair Trading for mediation. Is community justice a better option from your point of view?

I’ve gone to a mediation at Fair Trading in the past and found it very frustrating.  The mediator got very annoyed with me when I corrected her on a couple of points of strata law.  And then her whole approach to the mediation was a joke.

She thought compromise was a desirable solution when it was quite clear the other party was in the wrong and he even said so himself.  All I wanted was a commitment that he wouldn’t play music at rock concert volumes at 3am and he said he wouldn’t guarantee it.  The mediator said I had to decide whether it was the volume of the music or the time it was played.

OK, that was one mediator in one case  and I could have told FT that I was coming in and I would have got the gold standard treatment, I’m sure.  But that’s hardly the point, is it?

Anyway, I would rather have a mediation by someone who doesn’t pretend to know strata law when they don’t.  And right now both Fair Trading and NCAT are seriously underfunded and understaffed.  

Meeting the strata manager and chair on your own is not a mediation – it’s a potential confrontation (regardless of how well-intentioned the other party is). You need a referee and a “second” too if you can find one.