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  • 20/12/2013 at 12:19 pm in reply to: Lets get a free upgrade for our airconditioner… #20478
    bpositive
    Flatchatter
    Chat-starter

      Well I have my aircon lined up as well. I am quite uncertain as to how this constitutes Common Property. Yes the outdoor unit was installed on CP but it is for the benefit of that owner only. Why are dishwashers, light fittings, etc not included in common property.

       

      It seems strange that the Owners Corp is required to maintain individual aircons for a lifetime for units which are for the owners benefit only.

      13/12/2011 at 7:47 pm in reply to: Are caretakers allowed on the Exec Committee? #14404
      bpositive
      Flatchatter

        so this means if you do not have exclusive use of common property you are not a caretaker?

        01/12/2011 at 9:15 pm in reply to: Can a committee member be paid for doing maintenance of common property? #14318
        bpositive
        Flatchatter

          JimmyT said:

          Fined $1.85 million for what and by whom?

          Not disputing your assertion but we need more details – a reference to a wesbite would be great.

           

          https://www.workcover.nsw.gov.au/aboutus/newsroom/Pages/companyfinedafterworkercrushed.aspx

          https://www.legislation.nsw.gov.au/maintop/view/inforce/subordleg+648+2001+cd+0+N

           

          https://www.nationalohsreview.gov.au/NR/rdonlyres/C600AB52-C983-49DD-9EDA-4C9E781B1B8D/0/198ISTM.pdf

           

          /archives/237

          https://www.nationalohsreview.gov.au/NR/rdonlyres/F9FD5ED3-3797-4B91-9C1B-C9B83DE7A123/0/181solutionsIE.pdf

           

          are all interesting reading. So you may have to get legal advice if you want an owner to do property maintenance. Sorry I did not have the time to read all this information but I believe it is all relevant the OHS regulation in NSW at least,

          30/11/2011 at 9:27 pm in reply to: Can a committee member be paid for doing maintenance of common property? #14304
          bpositive
          Flatchatter

            struggler said:

            I know that our SM advises us that should we decide to use someone to carry out maintenance in the complex (other than from their approved list of tradespeople) then the onus is on us to check that they have insurances (and licences).

            same here but I read somewhere that EC members can be fined upto 1.85 million as at the end of the day it is the OC (EC) who are responsible for making sure. But I also read that the responsibility also lies with the SM. Perhaps someone can throw some light on this.  

            29/11/2011 at 7:46 am in reply to: Can a committee member be paid for doing maintenance of common property? #14286
            bpositive
            Flatchatter

              From what's happening in our strata block I will be against any maintenance by owners or EC members. Why? Conflict of interest. It is nothing but an easy way to recover your strata levies and as long as you can keep a majority happy or have “friends” in the EC who is to question whether you are doing a good job or not? What is there to prevent others EC members from enjoying the “share”?

              27/11/2011 at 9:43 am in reply to: OC paid over $25000 for not enforcing bylaws #14265
              bpositive
              Flatchatter
              Chat-starter

                JimmyT said:

                But this case is a very good example of how the ‘nod and a wink’ form of EC management only really helps the selfish, greedy and lazy at the expense of people who are often sneered at for trying to do things properly.

                 

                This is exactly what is happening in our OC. I am the secretary now and nobody bothers to ask me for approval for floorboards, growing hedges, keeping dogs (the chairman keeps a cat). One of the owner (same one who puts up this fence) by default does the maintenance of common property and gets $6000 for it. Very convenient! Keeps his area (common property that he has captured) as a perfectly manicured garden while there are tall weeds in other areas! I tried to call for a professional for cheaper rates to do the work in the last meeting but it was rejected. why? Because he goes around doing individual favours to owners. This guy has no insurance and what happens if he falls or gets electrocuted? I asked the strata manager and he does not see any problem. Why am I still the secretary? Well I dont know but things can get worse if I am not. And yes I get sneered at as Jimmy says for doing the right things.

                24/11/2011 at 9:44 am in reply to: OC paid over $25000 for not enforcing bylaws #14221
                bpositive
                Flatchatter
                Chat-starter

                  Unexpected Leigh said:

                  I don’t really get this, bpositive? Could you confirm that some bloke put up his own fence on common property and the OC had to go to court to make him take it down and restore the area? If not, what? And what’s the fire door and floor got to do with the price of fish?

                  This may be of great interest and helpful to me if I could understand it.

                  Yes I confirm that is exactly what happened only difference is that the OC did not go to court but as a concerned owner – I did. Little surprise that this bloke was a secretary then. And surprise surprise CTTT rules in favor of this owner because he had the numbers in favor. Took him to hearing and they hired a lawyer without asking anyone. Cost us $7000 and another $15,000 grand to put up more fences (in the name of security) and some patch work landscaping so it kind of looks even on both sides. All this without holding a meeting or consulting anyone. CTTT ruled that the fence cannot be removed despite bylaws clearly stating additions cannot be approved retrospectively. Luckily they did not ask me to pay for the legal expenses!

                   

                  This owner is laughing all the way to the bank. He has 60 square metres of land which he has now got for free and we paid for it….

                   

                  The area is already well covered – next will be the BBQ and perhaps a pergola. And BTW did I mention he also cut open the balcony railing so he can get direct access to the now not so common property.

                   

                  I feel like going around and advising all the ground floor people – here is what you can do.

                  30/09/2011 at 9:46 pm in reply to: Altered Balcony #13872
                  bpositive
                  Flatchatter

                    If common property has been altered, then approval can be obtained retrospectively.

                    I don't think that this the CTTT takes this bylaw as implied. We had an owner who put a 25 foot fence and cut a railing in his balcony to make a private area for himself. Two ADDITIONS made without even a executive meeting or general meeting.  When a complaint was made his friends got together and started passing special resolutions. Matter went to adjudicator and hearing but these 2 structures remain and today he has defacto exclusive access to that bit of common property. What a Joke!

                    15/09/2011 at 9:43 pm in reply to: Caretaker vs Owner Maintaining Common Property #13785
                    bpositive
                    Flatchatter
                    Chat-starter

                      My peeve about this arrangement is:

                      1. I dont know who else is making money from this.

                      2. The area opposite this owner is picture perfect while the rest is trash.

                      3. Leads to a lot of dissent

                       

                      I agree that owners should not be in charge of the maintenance whether they are good gardeners are not. Also can it be argued that each owner should have equal opportunity to recover their strata levies through non-voluntary work??

                      13/09/2011 at 9:16 pm in reply to: Volunteers, Paid Workers and OHS #13760
                      bpositive
                      Flatchatter
                      Chat-starter

                        Work cover advised that residential properties are exempt from OH&S laws. So i guess if this gentleman falls off a ladder or a balcony while trimming the hedges insurance will cover him since his salary is less that $7000.

                        13/09/2011 at 9:24 am in reply to: Volunteers, Paid Workers and OHS #13750
                        bpositive
                        Flatchatter
                        Chat-starter

                          Hi Struggler, sorry Insurance does not cover members for out of pocket expenses. It also does not cover for negiligence. AFAIK.

                          12/09/2011 at 9:04 pm in reply to: Volunteers, Paid Workers and OHS #13746
                          bpositive
                          Flatchatter
                          Chat-starter

                            Hmm.. there are fines upto 1.65 million! And 5 years jail. Is there anyway I can absolve myself as the exec commitee does not believe in spending money fo OH&S audits!!!

                             

                            I can write a letter saying I have notified the exec committee and I am not responsible for any fines or accidental death or injury!

                             

                            I guess not – and this is what is wrong with Strata laws. The last time I had to shell out $2000 due to legal expenses and stupidity of the exec committee! Why sould I pay for it?

                            10/09/2011 at 10:54 am in reply to: The Faceless Executive Committee. #13720
                            bpositive
                            Flatchatter

                              Get a few owners together and consult a lawyer – there is something called compulsory strata management where the CTTT appoints a managing agent.  

                               

                              https://nsw.stratacommunity.org.au/resources/348/IBS%20Compulsory%20Strata%20Management%20V3.pdf

                              01/09/2011 at 7:37 pm in reply to: Missappropriation of funds by the E. C. #13669
                              bpositive
                              Flatchatter

                                Just thought I would enlighten everyone on this situation. Previous EC had full control and authority and no limits. They brought in a “Gardener Friend” and made him secretary.  Also since he is MR Gardener pays him $12000 for maintenance (where does this money go?). So essentially we have a superb well manicured garden in the northern side and a wild garden at the back. (this has been discussed before). It does not take an Einstein to guess where this Mr Gardener lives.  How do you prove that $12000 is not being spent appropriately? I offered several quotes which were several thousand dollars less but since these members have majority it always gets voted down. How one person can replace a team of 4 is beyond me? How do you prove such things?

                                05/08/2011 at 7:08 pm in reply to: Should the garden be visible from the street? #13464
                                bpositive
                                Flatchatter
                                Chat-starter

                                  The garden area as per strata plan is common property. But I think they dont want passerbys to peer inside their balconies. So effectively they want the garden for themselves. Model bylaws apply here.

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