Flat Chat Strata Forum Strata Committees Current Page

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  • #8832
    Tiaeki
    Flatchatter

      We have recently returned to our apartment after spending four months in Cambodia with a pledge to ‘occupy our minds’ with creative and good things. This lasted a couple of days. Prior to our leaving the Strata Manager was instructed to issue a ‘Notice to comply’ on two sets of tenants due to ongoing breaches of by-laws. This was not done. On our return it appears that these tenants have had free rein on the building (and if not mistaken have grown in number). As a result, in the short time we have been back the tenants have:

      1. continually tampered with the security door (damage to common property)

      2. shouting, screaming, loud music, etc. (noise)

      3. double parked, refitting vehicle in no parking area (vehicles)

      4. used wheely bin as a ladder (damage to common property)

      5. swore at us (behaviour of owners and occupiers)

      6. anti-social friends – drunk, noisy, using the driveway as a urinal etc. (behaviour of invitees)

      7. beer cans, beer bottles, pizza boxes etc left on common property (depositing rubbish and other material on common property)

       

      They deny this of course. We are now at a stage where we want to sell our apartment and move back to Cambodia. Is there any legal action we can take to compensate for the repeated anti-social behaviour of the tenants; for the inaction of the individual owners of the two units (they have been contacted but refuse to act); for the inaction of the owners corporation (our concerns have been minuted over past meetings); and for the inaction of the Strata Manager. This has caused us a great deal of stress and anxiety, and has affected the value of our property.

       

      Aakun (Thank you) 

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    • #18526
      Jimmy-T
      Keymaster

        There’s a lot you can do to correct the bad behaviour (through CTTT orders and fines) and you can even apply to have the EC and strata manager replaced.  However, you won’t get compensation unless you are prepared to take the matter to the Supreme Court.

        First things first, you want to get CTTT orders  to prevent further breaches of by-laws.  Go here and scroll down to the second section on CTTT orders where the process is explained.

        If the building is as badly run as you say – and you have evidence – you can apply to have a statutory appointment of a strata manager to replace both the EC (and Owners Corp) and the current manager.  But before you can apply you have to find a new strata manager to take on the role.  They will explain the process to you.

         

        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.
        #18541
        brendo
        Flatchatter

          we live in a unit and have a problem with people above us continuing to throw water over the balcony.

          its been an ongoing issue and are heading towards mediation/cttt

          The person that does this is the chairperson, of the exec committee ,they know when owners are out and it starts.We have asked the strata for over 4 years to fix it their response its a civil matter and don’t wish to get involved

          My mum had a fall on the balcony because of some substance that was thrown over yet the strata say they don’t want to know about it.

          They refuse to issue a notice to complyafter many requests and have only sent a letter to fix their behaviour.

          we have emailed and sent photos when this takes palce with times and dates on them yet nothing gets done

          Any Advice?

          thanks

          Brendan

          #18542
          Jimmy-T
          Keymaster

            The balcony is almost certainly common property so the EC should be issuing a Notice To Comply. However, since this is the chairman and he/she is clearly blocking this, you will need to take this firstly to Fair Trading for mediation, and then to the CTTT for an order, telling them to stop. While a Ntrice to Comply is an easier route, a CTTT order carries 10 times the maximum amount of a fine if it is breached.
            Have a look here where the two processes are explained with links to all the necessary forms.

            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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