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  • Cosmo
    Flatchatter

      I would have thought that even though “the standard by-law on parking was deleted when the by laws were updated in 2017”.  The way they are parking is a ‘nuisance’ and denying you the quiet enjoyment of your property.  Under both strata and common laws they can’t do that.

      First you need to document the ‘nuisance’.  These days, with everyone having smart phones that shouldn’t be hard.  When it occurs. take a photo and make a note of the time, registration etc.  Such evidence will be valuable if you have to take this further.

      Cosmo
      Flatchatter

        Let’s face it serving is a thankless task.

        If you get off on power and control that is one reason you get on committees. Another (and we all think we are in this category even the control freaks!!) is we want to do our bit and ensure the strata is well run for everyone!

        Oh how this soon changes as time wears up down.

        Over the years I have decided there is only one criteria that is a must.  All the others (enthusiasm, professionalism etc) are bonuses.

        The one must? TRANSPARENCY

        in reply to: Are we paying too much for insurance brokerage? #37366
        Cosmo
        Flatchatter

          Razza, our small strata just went through the exact same issues 6 years ago. We also go thru a broker and are insured with CHU.

          1) Does this seem a reasonable amount to pay for very vanilla insurance for three units? Our increase was from premiums  $2600 to $3365. When we got to policy I asked the broker if they could get cheaper and they came back with 2 other quotes close to but more expensive and said the increase was industry wide.

          2) Is 14.5 percent a reasonable amount for brokerage? I don’t know but see answer 3.

          3) Can we avoid using a broker and just go direct to the insurer?  My understanding and certainly experience (but this is limited) is that an insurance company will charge you the same whether or not you use a broker ie you won’t get it cheaper by not using a broker.

           

          Cosmo

           

          in reply to: Balcony responsibility #37320
          Cosmo
          Flatchatter

            Just to add to replies so far.  All this is assuming the balcony is common property. From my experience most are.

            The OC needs to be made aware of their financial exposure if they do nothing and there is an accident.

            If there is an accident because of the OC’s refusal to fix a known fault (the balcony) insurance may refuse to pay leaving the OC exposed.  If a person falls through the balcony because of its condition the damages could be considerable.

            Cosmo
            Flatchatter

              Transparency and keeping everyone informed, as alluded to by Sir Humphrey, is important.  I am not sure if this is exactly on topic but my experience is that a lot of disputes stem from the two differences between two types of owners.

              Group 1: Most owners  serve on committees on a voluntary non paid basis.  Sure you get the odd control freak who serves out of self importance but most take on a job no one else will do.

              Group 2: Most owners are pretty reasonable and co-operative but some won’t do a thing whether that be serve on a committee or the occasional task.

              Often Group 1 can come to feel that as they do all the work it is their right to make sure things are done as they believe they should be done. Sometimes this view extends to Group 1 advantaging themselves.  This angers Group 2.

              Often Group 2 members won’t do a thing until it is something affecting them and then they want it done immediately and jump up and down about it.  I have seen cases where such owners have demanded repairs affecting their unit but won’t do anything to facilitate them being done as that is “the committee’s job” This angers Group 1.

              Anger ends up in name calling and each group attempting to embarrass the other!

               

               

              in reply to: Breached for storage no one can see #36386
              Cosmo
              Flatchatter

                I lived in units similar to the one you described in that case the courtyards were not accessible by other owners.  I thought that a courtyards like the one you  describe would have been ‘exclusive use’ even if common property.

                Doesn’t the dispute then come down to whether they are a nuisance visually or otherwise?

                I have no idea and would defer to any other authority.

                Cosmo
                Flatchatter

                  Jimmy, Perhaps you could enlighten me here.  If we follow the money and see what the respective motivations are I believe privatization is a major cause of dodgy approvals.

                  What I don’t understand is that prior to labor privatizing certification it was done by government/council officials.  Council officials did the job and there was no incentive to cut corners.  If council certifiers could do the job (and there is no evidence or reason to say otherwise) why is it that privatized certifiers can’t? 

                  I feel that a major reason is that the financial interests of government/council officials were in doing their job properly.  They had little or no (barring corruption) financial interest in cutting corners. 

                  However private certifiers do have a financial incentive to increase numbers and get in the good books with developers as that could lead to more work and increased remuneration.  I am sure there are many good and ethical private certifiers but how do you think they feel about losing work to others not so ethical ones? 

                  By aligning private certifiers rewards with developers the problem was bound to happen.  

                  in reply to: Strata documentation to be given to Potential buyer #30918
                  Cosmo
                  Flatchatter
                  Chat-starter

                    I realise the charges are covered by  Strata Schemes Management Regulation 2016 -Schedule 4  so it should probably be treated as a s182 or s184 request.  S182 prescribes $31 for the first hour and an  additional $16 for each half-hour or part of half-hour after the first hour of inspection.

                    The firm did not mention any sections under which access was sought.  When we mentioned a payment to us they appeared quite taken back. Initially their reaction was we will pay the prescribed fee of s182 ie $31 and want you to locate, copy, scan and send the documents to us and supply us further information.  

                    in reply to: Comparing Strata Levies #30891
                    Cosmo
                    Flatchatter

                      Each strata is so unique.  In my opinion, the question shouldn’t be “are our levys too high or too low?” but “are our levys appropriate to maintain and keep the property in good condition?”

                      In NSW each strata has to prepare and update a 10 year forward plan.  This is basically a cash flow analysis of levys vs expenditures.  This 10 year plan is the best thing I have seen to answer the question: are our levys appropriate to maintain and keep the property in good condition?

                      Cosmo
                      Flatchatter

                        Whatever you do make sure you contact the other owners explain your position and get them on side.  I find that by the time everyone gets to a meeting and vote many owners have already decided their positions. 

                        You mention this neighbour making vindictive noise as well. Maybe others have been inconvenienced by this also.

                        If it comes to a vote you need to explain to the other owners how this owner is flaunting the rules and being selfish.  While it is you they are targeting today it may be them in the future.

                        in reply to: Approval for floating laminate floor #30505
                        Cosmo
                        Flatchatter

                          In the absence of a specific by law, I don’t see why OC approval would be needed. Therefore I don’t see why you need to get ‘retrospective’ approval and would need to raise it at the AGM.  

                          What sort of floor was the floating floor replacing?  If the replacement floor was something fixed to the floor boards (which are common property) eg ceramic tiles I could see why you needed approval.  Being a floating floor I don’t think it would form part of common property and would not need approval.  

                          A few years ago I replaced the carpet in my unit I didn’t tell anyone and sought no approval.  

                          in reply to: Self Managment vs Paid Strata Manager #30180
                          Cosmo
                          Flatchatter

                            FG, not moved from a Strata Manager to self management but I am a big advocate for self management.  Our OC does it (5 owners).  With things like the system in Jimmy’s email it is not hard.  Let’s face it most small stratas don’t comply to the letter of the law but with goodwill and common sense most manage to muddle through.

                            It has a lot of benefits.  But first you have to decide, do the OC have the skills and the willingness to do it themselves?  A lot depends upon the personalities in the OC.  As a minimum you need the following functions accounted for:

                            -a chair to oversee meetings and other formalities;

                            -a treasurer who can draw up accounts and keep account of fees paid;

                            -a secretary to draw up agenda and minutes; and 

                            -maybe an onsite manager who agrees to oversee maintenance etc (we try to spread the burden around for this).

                            The above tasks aren’t that onerous and one person can do multiple tasks.  With electronic communications and banking etc it really saves on money.  It is gratifying to see the money that would otherwise be spent on admin going to actual maintenance and improvements.  

                            The major downfall to me is that occasionally those who undertake tasks and functions get pissed at those who don’t!  It is particularly galling when those who don’t participate have something they want done and they act like it is the most important thing in world.  

                            in reply to: Strata building insurance #30161
                            Cosmo
                            Flatchatter

                              Our insurance went up considerably also.  We use a broker and I rang and asked why.  They said it was the cheapest they could get.  They got us two other quotes but both were more expensive. 

                              I don’t think it is right that an insurer determines the value of a building.  Has the insurer done a valuation? mostly we just find they increase the previous years value by a %. 

                              To my knowledge insurers usually don’t physically value a building except in the case of a large claim. 

                              in reply to: Tax Return #30142
                              Cosmo
                              Flatchatter

                                @Sir Humphrey said:
                                Why do you want to do the tax return?   

                                One word …. MONEY!  Let’s say interest earn’t was $200 and the charge for preparing tax return is $200.  To many small OCs that it is money better spent elsewhere.  And it is not hard

                                It is the same reason many OCs self manage.  Our small OC self manages.  We considered hiring a SM but worked out it would double our strata fees, all for administrative duties.  We decided the money was better spent on maintenance.

                                in reply to: Tax Return #30136
                                Cosmo
                                Flatchatter

                                  Hi Romei, in my view what a load of codswallop you are being fed!  All in the purposes of getting commissions. I don’t know how much interest your OC earn or what the Strata’s manager is going to charge for tax preparation but if all they earn is interest filling out a tax return is so easy. 

                                  Re being public officier: Have the OC or the EC on behalf of the strata write to the ATO and change your public officer for tax purposes.  The other alternative after getting permission from the EC or OC is just lodge the return with you nominated as public officer.  The ATO will update their records.

                                  The ATO will have a PRN (payment reference number) for your strata the Strata Manager may already have it.  If the SM won’t give it to you it will be on any notice of assessment issued by the ATO or after being appointed and listed (for ATO purposes) as public office write to the ATO and ask for the strata PRN.  Once you have a PRN you can pay electronically.  

                                  For tax purposes an OC is treated as a company and the ATO has a return for the OC.  A paper copy of which can be ordered over the phone.  As it is blank you don’t have to be the public officer.

                                Viewing 15 replies - 16 through 30 (of 214 total)