Flat Chat Strata Forum Living in strata Current Page

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  • #9279
    Jimmy-T
    Keymaster

      The following missive from an unhappy strata owner has landed on our desk and it contains just about every issue under the sun – from illegal parking to murder (literally) –  making us ask two questions. Who’s really at fault here … and is it real?

      If nothing else, enjoy the read and YOU decide who’s the sinner and who is sinned against. – JT

      I feel harassed in my own apartment and am very distressed by the manner in which I have been treated. It has and still does cause me great anxiety and is very unpleasant and I feel a large portion is directed at me and have had confirmation of this by my neighbour and also another unit owner.

      Here goes

      1. the day I moved in removal truck was in the driveway we live in cul de sac which is also a small hill and there was no parking on the st that day and always very diff to park. The ranger came and wanted to book me. He said someone had rung as they were trying to get out. Now that is not true I was up and down the stairs and predominately down and there is only 5 car spaces only four used and one of them is mine.  There was a note on his truck clearly stating if anyone needed him to move to ring his number.   This was a deliberate attempt to harass me as I had problems before I moved in

      2. Before I even started renovating and moved in I had a phone call from Mr X ( how he got my mobile number he refused to say when I asked him ) who was then chairman of the Body Corporate he spent the majority of the phone call complaining about the previous tenants who lived there and how noisy they were and how he had repeatedly asked the owner for new carpet etc etc and they had not put it in etc. I told him I was getting new carpet. Little did I know this man would then proceed to complain about me non stop!!

      3. I moved in and my solicitor did not tell me there was a ban on animals sue to a bylaw introduced a long time ago. He did not tell me I clearly remember saying to him I hope they don’t mind small dogs and he said nothing. I was very worried and so got him to write a letter asking permission to have my little doggie here he is about one foot high saying I would do abc … to ensure dog was not a prob ie barking spray collar flea treatment etc . they sent back letter refusing him to be here. I then applied for mediation with Dept Fair Trading and they refused to go. This sparked what I believe is a hate campaign and has lead to various harassing behaviours.

      4. When I was renovating 2 men one of which was Mr X  and the other Mr Y said the builder started before 7am my builder swears he did not , then it was the painter who emptied some paint on a patch of grass which I did not know until they complained. I obviously dealt with every single issue and spoke to painter and builder. The painter told me he had to change paints and is not allowed to just pour it down a drain. any way I asked him not to to take it with him or whatever. Then they complained skip was full and demanded it be emptied every day and also demanded I inspect the site every day. Now I was recovering from whooping cough and related ailments and so was my son who also contracted it. I am a sole parent working and it was impossible for me to go every day.  I immediately rang builder and he said the company who picks up skip was coming it just could not be done that day. I addressed every issue. Then it was stated I had ruined the carpet on the stairs I inspected it and there was a few specks but by the way they made it sound it was a mess. I did not find such a mess.  I had left a note apologising for the noise etc and with my number on it.

      5. I then started receiving letters re the dog which the solicitor said after they refused mediation to ignore. I saw a lady in the street who owns an apartment here and who brings her dog here and it wees on the grass etc. I approached her in a very friendly way as she had a dog I thought it was a good idea but I was mistaken as all she did was abuse me and called me stupid and that I was obviously trouble wherever I lived. This is not true I have never had a complaint when I lived in apartments and also when I owned my house. I only approached her as I knew she had a dog and might be a reasonable person to talk to.

      6.We then had a murder in our building and the dog issue went away but then once all that was over it started again. I subsequently found out that people who own a unit here had not received my solicitors letter and had assumed I just did it anyway. It was not passed on to all the owners.

      7. then my washing machine was a problem they gave me a spot in the laundry the furthest away from the sink which required me to get a 4 metre hose, not exaggerating 4 metres,for the water to empty in the sink. It was the longest hose I could buy and so it meant my washing machine which is under the bench where dryers are on was sticking out approx. one hand space if that from the bench. That was a problem. I was asked to move it right under as it interfered with cleaning the laundry. I could not move it back as the hose was at its most strained and so was the hose from the water tap in to the machine. It went on and on. I rang Electrolux to see what could be done and they said if I moved it back and got a longer hose I would not be covered for my warranty ( new machine). I told Strata Manager  this and essentially  was told I was being difficult. I wasn’t I just didn’t want to lose my warranty. They ended up moving my machine without my knowledge. They asked me if they could do this but before I could respond they did it without me being there or anything I just suddenly found it had been moved.

      8. Then my son who locked himself out on the day of his year 10 formal and had to get to a boat cruise used the balcony beneath us to get in to our balcony / unit. I did not know this as I was at work. He was running late and then I received a letter about that and how my son was trespassing on common property and they threatened to charge him and call the police. I am not condoning his actions but the response was exaggerated and bound to cause ill will. besides he was not trespassing on common property as  he lives here!!! I contacted the police about it as I was worried my son would be charged and they said they would not charge him and it was ridiculous of them to behave that way as it was not neighbourly and all they would do is ask him not to do it. as I did.

      9. When I first moved in a pair of lorikeets comes to the balcony as did a lot of cockatoos which I shewed away as they cause damage, now I have lived in other apartment blocks where people feed birds and also had spent the last 7years in the country and birds are normal to me. Letter sent do not feed birds.  One day the 2 lorikeets were on the balcony, which they do all the time as my balcony gets arvo sun and they even come here when it rains and sit under the awning for cover without being fed I might add,  then I heard a loud knock on my door it was Mr Y who angrily said didn’t you get the letter don’t feed the birds I told him he was mistaken as I was not the only one feeding birds and he said yes you are. I know 2 other ladies/ families here and they have told me they feed them but it was assumed it was only me!! He said we have had lice in the building from them ( which is not possible as lice cannot jump from a balcony in to the unit!!!) I think someone must have had a bird or bird nests in the roof etc He was aggressive in his manner and I felt very uncomfortable and thought oh my god what is to stop these men from doing it again or more.

      10. The latest incident really rocked me. I came home switched on the shower and then heard a very loud banging I thought someone was renovating it was so loud the banging continued and I looked at my peep hole and saw it was Mr X. I opened the door only to stop the banging and he yelled at me and abused me and said you are damaging my unit and that he would call the police and take me to court. At this stage I had no idea what he was talking about. I said to him I am happy to have a civil conversation with you if you just wait one moment (I went to get my phone to record the conversation as he was being so abusive). He yelled I will not wait and stuck his arm on my door so it would not close I asked him 3 times to remove his hand. He kept yelling I will not wait. Eventually he let go and I got my phone then opened the door and he was gone. I had no idea what he was talking about.

      I went down the stairs and there were 2 other ladies there and I said I don’t know what he is talking about. ANyway it came out there had been a plumber in my unit that day my son had let him my son was not there when I got home. in so I asked for his number to speak to him. I rang the plumber who said you can have a shower just a quick one and that it was not my unit that was the problem it was an external pipe and that he had told Mr X that. No one rang me about it despite me being the owner and no note left from the plumber nothing. I was very upset by his behaviour and felt very intimidated and threatened. I did not sleep well for about a week after that. I contacted the Strata Manager who did nothing to help they said it was a private matter.  but he was  behaving in that way on common property and they did nothing. I felt even more upset as they seemed to send letters when he asks them about any little thing and then when he does something they do nothing. I have witnesses to his behaviour and did go to the police and report it.

      11. Now I have received a letter only 2 weeks after this most distressing incident that my burning incense is” distressing ” and I do smoke however I smoke inside my unit and am not a heavy smoker I do not smoke on the balcony as I am aware of the smell and did not want it drifting. I am at work all day. Other people smoke on their balconies but the letter has been directed to me. Now I am deeply offended and again upset. Burning 2 sticks of incense is part of my religion/ spiritual beliefs and I have been doing that for 1.5 years so why is it suddenly an issue. I have been smoking for 1.5 years with no complaint now suddenly?? I think it is his way of trying to complain about me and make it seem like I am the bad guy after he behaved so appallingly.

      I am sorry for the length of this email but it represents how much these people are spiteful,mean and aggressive and treating me unfairly and rudely and just seem to always want to pick on something. I feel bullied and harassed and am deeply upset. It just never stops and I want advice. I have not responded to the incense email. They are interfering with my peaceful enjoyment and have caused me great anxiety and pain.  Since the incense email I have not been sleeping well and clearly this is all getting to me and I want them to stop harassing me.

      I have not complained once about him or anyone despite sometimes having reason as I believe tolerance is required when in units and it is not nice and is bound to cause bad relations. This man Mr X is a problem he has also abused other people here eg has abused my downstairs neighbours cleaner for putting a pile of newspapers in the bin as it was too many!!

      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.
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