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  • in reply to: Other Owner Names & Addresses #14273
    AdrianAce
    Flatchatter

      the secretary would be entitled to the owner list and the strata manager should send it to the secretary by email.

      in reply to: Tree removal with lack of consultation #14272
      AdrianAce
      Flatchatter

        If the tree needs to be removed to help keep the building in good knick the the executive committee can authorise the removal unless you get 1/3 of owners to sign a letter objecting to the removal and send the letter to the secretary/strata manager to block the committee's decision (before it is made) and to call a general meeting (to override the committee's decision). Apply to the CTTT for an interim stop work order, go to mediation to try and sort the mess out, and use the time this should buy your friend to get support from enough owners to keep the tree.

        in reply to: Who pays when insurers leave a gap #14271
        AdrianAce
        Flatchatter

          The question of who should pay the excess and other out-of-pockets depends on whether anybody was at fault for the burst pipe, and if so, who. If the pipe burst without warning, it may have been no-one's fault and just one of life's accidents for which the law does not hold anyone responsible (which is why you mhave insurance). If the pipe was inside the unit upstairs it may be lot owner's responsibility (if the owner was somehow at fault for causing the burst pipe). The answer to your quandry really depends on why the pipe burst and who was responsible for the pipe.

          AdrianAce
          Flatchatter

            the hot water service or a large part of it is probably what is called structural cubic space. This is basically a shared service line such a pipe which services more than one lot. All structural cubic space is common property even if positioned in lot space and not shown on the strata plan. So the OC may well have a right to acces and keep the HWS in your terrace without an easement omr bylaw. Ace.

            in reply to: Is this considered an ‘onerous’ By-Law #13345
            AdrianAce
            Flatchatter

              You have 3 options in response to this bylaw:-

              1 get support from enough co owners in your building to repeal the bylaw

              2 apply for approval to use the locked areas and if approval is denied go to the cttt to have the ec decision to withhold approval overturned on the basis that it is unreasonable

              3 go to the cttt to have the bylaw overturned on the basis that it is illegal or beyond the power of the owners corp or should not have been made

              in reply to: Holiday & Short-Term Rentals #13343
              AdrianAce
              Flatchatter

                There is no definitive answer because the answer depends on the council zoning for your building. If holiday letting is legal in the zoning for your building there is not much you can do to stop it. However if the zoning prohibits or requires consent for holiday lettings then you can do something about the problem by passing an appropriately worded bylaw and enforcing the bylaw. Other options include complaining to the council who might do something or going to the Land and Environment Court to enforce the zoning. Several years ago Surherland Council took some owners to the Land and Environment Court and got orders to stop them from using their unit for holiday letting.

              Viewing 6 replies - 1 through 6 (of 6 total)