Flat Chat Strata Forum Living in strata Current Page

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  • #35813
    Nellie
    Flatchatter

      Hi,

      I have been using a basement storage cage for 20 years and yesterday discovered an allocation mistake was made 20 years ago and I’ve been using the wrong one.

      A heavy handed bully “convinced” me to remove my belongings there and then.

      The storage unit on my Title has been used by someone else for 20 years and I don’t know who that is. It’s a block of 40 so I left a note in everyone’s post box explaining the situation and asking whoever is using my allocated storage unit to vacate it.

      How much time has to elapse before I can remove the person’s padlock and belongings?

      Strata Management feels this is a “private matter” and won’t assist me.

      I would appreciate any advice here.

        <li style=”text-align: left;”>Thank you
    Viewing 5 replies - 1 through 5 (of 5 total)
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    • #35837
      Sir Humphrey
      Strataguru

        I would write a polite letter to “The owner of lot X” explaining the situation and request that your executive committee arrange for it to be forwarded to the owner of the unit that is using the storage locker that you now understand to be yours. You would ask them to remove their stuff with a reasonable time-frame so that you can use your locker yourself.

        If the committee does not co-operate by forwarding your letter, then you can 1) make a fuss about inconsistent treatment etc., and 2) go to the managing agent and ask them to forward the letter yourself, and 3) if that doesn’t work, demand to inspect the unit roll and get the contact details yourself. If the managing agent refuses on (spurious) privacy grounds, point out that you tried to avoid that by asking to have your letter forwarded.

        If none of that works, your situation is that somebody has left their property on your property. In the ACT this is covered by the ‘Uncollected Goods Act’. Other jurisdictions would have something similar. As I understand it, you can’t just toss out their stuff. There are provisions about how much effort you have to go to to try to find the owner before you can dispose of the stuff. The level of required effort varies according to the value of the goods. If the goods are high value and you dispose of them by sale, you have to keep the proceeds for a certain amount of time but you can deduct reasonable costs. You could enlist the help of the managing agent for this. They should be accustomed to dealing with this sort of problem. People leave stuff all the time eg. tenants moving out etc. If you act on their advice you would have a reasonable defence against someone accusing you of getting it wrong.

        #35842
        Jimmy-T
        Keymaster

          As ever, Sir Humphrey is so much more reasonable than I.  I’d make an effort to find out who owned the stuff and if that failed, I’d park it on common property – THEN it would be a strata issue for sure.

          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.
          #35873
          Flame Tree (Qld)
          Flatchatter

            You’d think this was in the Committee’s owner’s interest to get to the bottom of this, as potentially everyone is now using the wrong cage. Someone punted you, you want to punt someone, they will likely then want to punt someone. Manh, some Committee thinking is stupid.

            #35874
            Jimmy-T
            Keymaster

              The abilities of some strata schemes to not get involved knows no bounds … hence my cheeky suggestion above.

              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.
              #35948
              webman
              Flatchatter

                Just a thought, but how about you remove the lock, and relocate the contents “somewhere else that is secure”, and leave a note advising that the contents were left on your property, your contact details, and the length of time that you will keep them for (I think the standard required is 3 months).

                I would expect that the owner would start to care when their property vanished 😉

                One problem is that things in “storage” may rarely (if ever) get touched, and depending on the location of the storage cage, the owner of the contents may not see any notice, assuming they still live in the building/etc.

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