- This topic has 8 replies, 4 voices, and was last updated 7 years, 9 months ago by .
-
Topic
-
Hi there,
I would really appreciate your comment and advice especially if you have experienced the same/similar issue before, please kindly share your advice…
We moved into a villa recently, the block has only 3 units. We are the only unit facing the street, with all bedrooms windows facing the street, and the common driveway. We have elderly people and young children (4 and 6 yo). Both the other units are behind our unit, and can not been seen from the street. And according to strata, they don’t want to have any fences and hedges to set up in the front either.
This villa block is also at the bottom of the hill, people can easily walk down the hill from the street, and step into our rooms through windows (they don’t even need to jump).
As we only moved in, we already heard unit 3 got intruder broke-in a couple of years ago. And streets next to us are experiencing at least 1 case per month on the break-in and theft etc. Neighbourhood Watch had a newsletter reported these incidents and warning everyone. We decided to install the window grills to enhance the security of the property, more to the kids’ safety when they are sleeping on their own over the night. Plus there are other properties having window grills or even roller shutters to their windows along this street.
We have chosen white painted window grills on top of the existing white window frames and white curtains, it’s all in consistent style with current windows.
However, the Strata (the other two owners) declined our application, based on that the change to the Common Property will change the consistent outlook of the whole building block.
We found they are unfair and logged a case with fair trading tribunal.
We wanted to know how much possibility we can win in this case and how would tribunal decide this case, from someone who is familiar with this issue, or has experienced this matter… anything to help us understand where we are standing on this matter.
To us, it is for the safety of our family; to them, they are concerned the outlook consistency..
PS – for the background of the other two owners, they refused to change the “No Pet allowed (strictly)” by-law, we challenged them with the introducing of new by-law model, one of the owner who is the dominant decision maker, an old lady who’s been there for over 10 years, told us she simply doesn’t want any pet. She doesn’t mind pets, but just doesn’t allow any pet in this block.
-
Replies
-
I’ve owned 4 strata properties in my time and every one of them had a by-law allowing installation of security devices, have you checked your by-laws? Our current one is this:
“Changes to common property
(1) An owner or person authorised by an owner may install, without the consent of the owners corporation:
(a) any locking or other safety device for protection of the owner’s lot against intruders or to improve safety
within the owner’s lot, or
(b) any screen or other device to prevent entry of animals or insects on the lot, or
(c) any structure or device to prevent harm to children.
(2) Any such locking or safety device, screen, other device or structure must be installed in a competent and
proper manner and must have an appearance, after it has been installed, in keeping with the appearance of
the rest of the building.
(3) Clause (1) does not apply to the installation of any thing that is likely to affect the operation of fire safety
devices in the lot or to reduce the level of safety in the lots or common property.
(4) The owner of a lot must:
(a) maintain and keep in a state of good and serviceable repair any installation or structure referred to in
clause (1) that forms part of the common property and that services the lot, and
(b) repair any damage caused to any part of the common property by the installation or removal of any locking
or safety device, screen, other device or structure referred to in clause (1) that forms part of the common
property and that services the lot.”If you did get robbed because of their decision I’d be hitting them up for compensation, no one has the right to put your family at risk.
This is what the current law says:
118 Window safety devices-child safety
(1) An owners corporation for a strata scheme to which this section applies must ensure that there are complying window safety devices for all windows of each building in the strata scheme that are windows to which this section applies.
Maximum penalty: 5 penalty units.
(2) An owners corporation is to carry out work related to its functions under this section at its own expense and may, for the purposes of this section, carry out work on any part of the parcel.
(3) An owner of a lot in a strata scheme to which this section applies may install a complying window safety device on a window to which this section applies (other than a window on another owner’s lot).
(4) An owner of a lot who installs a window safety device under this section must:
(a) repair any damage caused to any part of the common property by the installation of the device, and
(b) ensure that the device is installed in a competent and proper manner and has an appearance, after it has been installed, in keeping with the appearance of the building.
(5) An owners corporation or an owner of a lot may carry out work authorised by this section despite any other provision of this Act, the regulations or any by-law of the scheme.
(6) The regulations may make provision for or with respect to the following:
(a) the strata schemes and windows to which this section applies,
(b) the devices or other things that are complying window safety devices for the purposes of this section,
(c) notification to the owners corporation by owners who install window safety devices.
(7) A regulation may apply this section to a window located on any part of a parcel.
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.
@Cat2017 said:
We called Fair Trading on this regard, were told by installing window grills, is for safety device, can be installed, however, as this is to common property, still subject to Strata’s approval… Appreciate your explanation. Many thanks!
Have a look at Section 2 – it still has to be in keeping with the appearance of the building – and that’s where the other owners can be obstructive.
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.
@Cat2017 said:
And if needed, I can’t stop the other two owners from putting any special by-law up, as they have the majority vote on everything.They may have a majority but they can’t create by-laws unless the have 75 percent of Unit Entitlements. Two-thirds of the vote is not enough to pass by-laws if the other third objects.
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.
Have you considered installing Crimsafe (www.crimsafe.com.au)? My mother had this installed at her villa after she was broken into. It is virtually impossible to penetrate. It has not altered the appearance of her lot as it looks the same as the previous insect screens. You may still need OC permission if your existing insect screens are considered common property.
- You must be logged in to reply to this topic.