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  • 20/02/2019 at 10:01 am in reply to: breach of by laws – number of complainants required #35925
    ccgirl
    Flatchatter

      Jimmy,

      Similar issue to the above – is it up to the Strata Committee to decide on whether there is a by-law breach and take further action? I have complained to the Strata Manager about an owner storing items on common property (https://www.flatchat.com.au/topic/storing-pot-plants-and-furniture-on-common-property/) but she has referred it to the Strata Committee and said she can not issue a breach notice unless the Strata Committee first approves, and you guessed it the offending owner is on the Strata Committee.

      We have the standard by-laws covering “Obstruction to Common” property and “Damage to Common Property”

      Any advice?

       

      08/05/2018 at 5:24 am in reply to: Termite damage – NSW #20218
      ccgirl
      Flatchatter
      Chat-starter

        Lady Penelope thank you for your comments, however if I could ask for further clarification?

        You say that “the OC is fully responsible for the repair of the flooring if it is determined that the termites came from the common property and that the lot owner did not contribute to the problem themselves.” However the article from Margaret Miller seems to indicate that the OC is not responsible if they have taken preventative action.

        Does it come down to the degree of preventive action by the OC that may have to be tested at court or a tribunal?

        In our case we have now had an inspection and are taking remedial and preventive action, however prior to this we only had we had an inspection in 2016 and possibly 10 years prior to this. The 2016 inspection was clear of pests but the contractor suggested installation of a baiting and monitoring system which was not followed. On the basis of this the OC would be appear to be liable, and some of us on the committee believe that the OC should repair the floor but others are adamant the OC will not pay and want get legal advice. I would prefer to avoid this expense and hassle.

        Can you or others point us to a more definitive guide in NSW ie. legislation, codes, guidelines or precedents?

        15/12/2016 at 8:34 am in reply to: Access to strata roll – communication with other owners – NSW #26006
        ccgirl
        Flatchatter

          Does this also apply to contact details for tenants? Our EC has previously asked the SM for contact details of tenants but we were advised the Privacy legislation prevented this.

          17/01/2016 at 12:27 pm in reply to: NCAT: New name, same clowns? #24359
          ccgirl
          Flatchatter

            Hi Jimmy,

            Do I take it from your post that there is little use in taking matters to NCAT?

            I obtained some information from you and Whale in the By-laws & outlaws forum and was considering going to the NCAT, but your post above makes me wonder if I would be wasting my time and money?

            17/12/2015 at 10:17 am in reply to: How to compel EC to issue breach of By Law #24298
            ccgirl
            Flatchatter

              Thanks Whale very helpful.

              11/12/2015 at 11:14 am in reply to: How to compel EC to issue breach of By Law #24280
              ccgirl
              Flatchatter

                Whale/Jimmy,

                I have a similar problem where the Executive Committee are not enforcing by-laws despite several formal requests. The fact that the offending owner is on the Executive Committee probably has something to do with it.

                I have read the article “By-laws and breaches: The options” from the link provided by Jimmy and also Sec 138 of the Act referred to by Whale but if I just ask a couple of questions to ensure I am on the right track;

                1. If I take my complaint to the NCAT do I address my complaint against the Executive Committee for not enforcing the by-laws or against the offending owner for breaking the by-laws?

                2. From my reading of Sec 138 this only seems to apply if an Adjudicator has been appointed. Is this correct or am I missing something?

                12/06/2013 at 7:46 pm in reply to: Alterations affecting common property by previous owner #18669
                ccgirl
                Flatchatter
                Chat-starter

                  Thanks Whale, I will come back again when things become official/clearer. But just to clarify the question on the floor covering – the contractor made a comment about the “changed” wiring possibly now going under the floor coverings.

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