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There are so many issues to be considered in your post raraku, it’s difficult to decide where to start from. The first thing I would do is check my SP’s insurance policy. It probably, very likely in fact, has a provision to allow you to move into rented premises, while the unit is inspected & repaired. This provision would include moving expenses in both directions. It should also pay not just for the carpet, but any contents damaged as a result. There is probably a lot of mould inside the walls, which will eventually make its way into the unit, creating a severe health hazard, if it hasn’t done so already. The pre-purchase searches for the unit should have turned up its repair history. Since it obviously wasn’t the case, both the strata manager & your solicitor should be asked (in writing) why was the information not sought by the latter or provided by the former. The prevailing mindset at your SP appears to be that of running a chook raffle, rather than a business. Put everything in writing from now on, preferably delivered by registered post. I hope my contribution helps to some extent. I know the gurus of this forum are very knowledgeable & helpful & will add their own detailed advice in a matter of hours. Good luck raraku, you’ll need plenty of it.
Dear Queenslander, what a sane contribution & bravo to QCAT! What I found really objectionable earlier was the first post on this topic (see below), relishing the prospect of interfering with everyone, using S117 as a general clobbering tool. Not one single person commented on it.
“In short, I can’t see how anyone can actually get away with smoking anywhere in a strata including its common property unless it’s in a hermetically sealed room. Am I right to think that, in both the examples I cite, the smokers are in breach of the NSW Strata Titles Act and can be asked to stop on the basis that it’s a ‘hazardous nuisance’ and interferes with my ‘enjoyment’? It sounds so deliciously simple.”
Talking about hazard reductions in the human body, we have adjusted our diet & lifestyles by various means to stave of cancer, heart attacks & strokes. What do we expect to die of, especially in strataland (sine we must); Alzheimer’s?
He could be vegetarian, with a special liking for cabbage, laced with garlic. I do feel for high rise dwellers. There is no escape for those on upper floors.
Many a time dear JimmyT, especially on public transport & lifts, where there is no escape.
Dragan forgot the clouds of methane vapour everywhere, on balconies, public transport, lifts, offices, small shops, big shops, arcades, malls, cinemas……. I wonder how many Stepford residents have NOT let those off right next to their offending neighbours & disturbed their peace & enjoyment under S117.
Well, JimmyT. I did expect you to have first hand knowledge of their appearance back in the ’70s & a fair few of this forum’s readers. I’m told I have a very dry sense of humour.
Car B should have looked out for oncoming traffic & car A should have done the same. There needs to be a decision regarding the rate of each car’s negligence. A good example is if car A is found to be negligent by 10% & the total cost of repairs is $1000, then car A pays $100 & car B pays $900. I know I have oversimplified this somewhat. However, unless the accident had resulted – at least in part – from some foreseeable hazard on that section of the common property, it has nothing to do with the OC, except for the extent of any damage to common property. Shared driveways & roads differ from the usual traffic laws only in the speed limits.
The trouble with balconies is they are architectural nightmares in the first place. Back in the ’70s, almost all inner city terraces had enclosed balconies, adding an extra room to each property & they looked good. Nowadays, almost every building has balconies, creating neighbourhood nightmares with people partying, BBQing, smoking etc. Not only should balconies be banned, but the rear & front courtyards of all terraces & townhouses should be enclosed, creating extra space, therefore wealth, for their owners. Naturally, verandahs should be banned too. People hanging around the outside spaces of their homes just doesn’t work, with all the noise & various forms of smoke drift.