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  • in reply to: Getting all fired up about ebike batteries in flats #71196
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    Flatchatter

      This danger is also very real (with greater heat intensity)for L-ion batteries in electric cars.

      Apartment dwellers have a real problem here as to my knowledge, underground carparks are unable to safely contain these fires. In recent discussions with Architects who work in this area they have mentioned this – and there appears to be very little media on this issue.

      The public would appear uninformed. The consequences to persons living in a single dwelling with a downstairs carpark that houses an Electric car and charging station would also appear to be fatal.

      I recall there was a recent EV battery fire in an outside carpark adjacent to Sydney airport control tower that consumed three ? adjacent vehicles. The firefighters on this site responded very quickly but could not effectively control the fire.

      I would appreciate any comments.

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      Flatchatter

        Hi Geooff@YoungSt

        I’d suggest you have a look at your insurance policy to see what you can claim with regard to the floating floor board damage. I don’t think from your post that the pipe burst but if it did  it would be worth discussing with you SM about it being a insurable event.

        Defect Warranty is 2yrs for minor and 6 years for major (in NSW), this link has more information (to understand what is considered minor / major etc):

        https://www.fairtrading.nsw.gov.au/about-fair-trading/our-services/resolving-issues/building-complaints

        My understanding if the you’re still under warranty it will only be considered a defect if its not compliant (to code) and / or poor workmanship ie if its been otherwise damaged or not maintained it will be your responisibility.

         

         

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        Flatchatter

          Hi Moxie

          Unsure when you say agent if you’re referring to Strata Manager or Property Manager.

          If you’re an owner, this should be simply writing to request the motion for the AGM via the scheme’s secretary. Just ensure that you give sufficient time, although it sounds like you have plenty of time at present still find out the timings around this, as having time to plan for major repairs to common property is ideal I know our scheme starts preparing quotes / budgeting around 3 months prior to the AGM.

          As you’ve had no response from the strata manager / property manager I’d suggest as a next step you contact the strata committee (if you’re tenant cc the landlord’s agent) outlining the issue, the impact it has on you / other residents and what you’d like seen done to get some dialogue on the matter.

          Failing the above it it’s a common property repair issue, you may want to request mediation via Fair Trading. https://www.fairtrading.nsw.gov.au/help-centre/online-tools/apply-for-strata-mediation

          in reply to: Strata Committee won’t stop illegal parking #65470
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          Flatchatter

            Hi Ziggy

            No problem, and apologies I was meaning to exclude the reference to employees and then included it!

            Anyhow, I do agree that employees shouldn’t be considered a visitor. In our by-laws we have a length of stay included  as permissible in our visitor parking. So, as  Jimmy said you need to think about what’s reflective of your SP, and the time period determines what’s fair and reasonable for those who may come to visit on a regular basis.

             

             

             

            in reply to: Committee members Use-by-date? #65449
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            Flatchatter

              Hey Jimmy

              I think or perhaps I’m misunderstanding Huyton Huntley (HH), as they write:

              “committee members re-elect themselves every AGM by limiting the number of committee members”

              And as you say,

              The owners corp sets the numbers before each election, to a maximum of nine.

              Only the owners corp can, the committee can’t and if they that is something HH could raise. However, if no one is in the meeting and they have the proxies I suppose by default then they hold the power. Sounds like to change it HH will have their work cut out for them. Have you heard of how anyone has tackled this previously?

               

              in reply to: Strata Committee won’t stop illegal parking #65448
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              Flatchatter

                Hi Ziggy

                Rewriting our Visitor Parking Bylaw appears utterly pointless though. I doubt it could say: “Workers in the commercial lots cannot park here!”

                Your Strata Manager will no doubt have definition examples they can share with you. For instance you could define visitor as something like this:

                “Visitor” means an invitee, caller, tradesperson and/or contractor and/or an employee of an Owner or Occupier of a Lot.

                in reply to: Strata reimbursement without tax invoice #65450
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                Flatchatter

                  I believe you need a receipt: “If you pay for anything for the scheme in cash, or get any cash for the scheme, you must keep a specific record of the amount of cash going in or out, and what it was for. Keep copies of all receipts or invoices for the cash payment.”

                  https://www.nsw.gov.au/housing-and-construction/strata/serving-on-a-committee/record-keeping-requirements#toc-financial-records

                  If you have a Strata Manager it would be worth discussing with them, if you don’t it would be a good idea to ensure that all compliance is being checked on contractors before engaging them as possibly not if cash in hand jobs are happening.

                  in reply to: Committee members Use-by-date? #65430
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                  Flatchatter

                    Hi

                    I can’t understand how they can limit the numbers, as you can have up to 9 members https://www.nsw.gov.au/housing-and-construction/strata/roles

                    Apparently,  a few years ago proxy awarding was revised to avoid proxy farming – for schemes with 20 lots or fewer, a person can only hold one proxy vote. In schemes that have over 20 lots, the person can be proxy for up to 5% of the total lots.

                    If you want to join the committee you probably need to put in time and energy speaking with other owners to understand what they’re happy / unhappy with and putting your case forward for being elected to the committee.

                    in reply to: Plants being planted to Cover my window #65353
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                    Flatchatter

                      Hi

                      I think the first step is understand if contradicts the by-laws as the chairperson can rule it out of order if it conflicts with that. Otherwise it will be voted on at the meeting and you’d need to communicate the negative impacts to the enjoyment of your lot.

                      I assume your’ve spoken with the person that is wanting to undertake the garden to discuss the issues to work through them. If not that would be worth a try as sometimes people are unaware that they inconveniencing someone else.

                      Failing that as it’s  something permanent I think you’re right not to risk this and get advice. I haven’t used Bannerman’s but I’ve heard David Bannerman on the Flat Chat podcast and he’s very knowledgeable and I know our strata manager uses this company as well. So perhaps that’s an avenue to follow up.

                       

                      in reply to: Persistent by-law breaches by tenants #65341
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                      Flatchatter

                        Hi fhutt,

                        Just a quick reply.

                        I noticed the term ‘No eviction by Owners Corporation’ in your link to the Tenants Union.

                        But, that is not legislation. I would like to find that.

                        The  agreement is not between the OC  and the tenant and when you read the legislation the only party they reference that can apply for termination is the landlord ie therefore only the landlord or their agent. If you read part 9, you see this confirmed as to who can apply to NCAT in relation to breaches:

                        190   Applications relating to breaches of residential tenancy agreements

                        (1)  A landlord or a tenant may apply to the Tribunal for an order in relation to a breach of a residential tenancy agreement within the period prescribed by the regulations after the landlord or tenant becomes aware of the breach or within such other period as may be prescribed by the regulations.

                        (2)  An application may be made—

                        (a)  during or after the end of a residential tenancy agreement, and

                        (b)  whether or not a termination notice has been given or a termination order made.

                        (3)  A landlord’s agent may make an application on behalf of a landlord.

                        Here’s the steps that the landlord can take against the tenant are:
                        • A landlord may warn a tenant that they are breaching the residential tenancy agreement.
                        • A landlord may apply to the NSW Civil and Administrative Tribunal (NCAT) for an order that the tenant stops breaching (breaking) the tenancy agreement.
                        • In the most serious cases the landlord may give a tenant a termination notice then apply to NCAT for an order terminating the tenancy.

                        The link to the legislation states the Tribunal MAY order termination

                        I believe the use of the word MAY in this context is because until they review they may rule in favour of the tenant, so it’s not a given that they will.

                        I think circle back to Jimmy’s advice (pasted below) is your best option:

                        So if the tenants breaches the by-laws and the owner does nothing to stop it, like cancelling the lease, go after the owner. It’s not as simple as one breach and you’re out, but persistent offenders put themselves and their landlords on the wrong side of strata law.

                        Anyhow, I could be wrong but I do think the by-law you’re considering isn’t in the spirit of the law. However if you wanted to pursue it perhaps you should discuss with a lawyer and prior to doing that  understand the support of other OC members as I suspect many of the landlords would not be supportive of this by-law and if you don’t have the numbers you would have invested a lot of time and energy needlessly whereas you could have put that time and energy into pursuing the landlord.

                        Best of luck, hope you get the matter resolved.

                         

                        in reply to: Persistent by-law breaches by tenants #65331
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                        Flatchatter

                          Hi fhutt

                          The link (Tenants Union) I originally shared I have found to be a helpful site and  it states:

                          No eviction by the owners corporation

                          The owners corporation cannot evict a tenant – only the NSW Civil and Administrative Tribunal can if it makes a termination order on application by the landlord/agent. The provisions of the Residential Tenancies Act 2010 must be followed when ending a tenancy in a strata scheme.

                          I see that you’re trying to circumvent the notice being from the OC, owner or agent but still think what you’re suggesting conflicts with the legislation (however not a lawyer). If you’re keen to delve into the legislation to understand it fully  here’s the link (go to part 5), https://legislation.nsw.gov.au/view/html/inforce/current/act-2010-042#sec.94

                          Also, in addition to the the above legislation you need consider if the by-law would be considered to be harsh, unconscionable or oppressive, as that would be another reason it wouldn’t be allowed.

                          Hopefully that reading proves helpful, and you find a way to negotiate harmonious coexistence.

                           

                           

                           

                           

                           

                          in reply to: Persistent by-law breaches by tenants #65295
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                          Flatchatter

                            Hi

                            I’m not lawyer but considering by-laws have to be consistent with the law I’d say not as only NCAT can evict a tenant.

                            You may this site helpful: https://www.tenants.org.au/factsheet-13-strata-scheme-tenants

                            I think your best opportunity to end behaviour is having a civil conversation and if not possible get mediation.

                             

                            in reply to: Where do we find our by-laws? #65252
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                            Flatchatter

                              Perhaps reach out to the committee as there’s a good chance they’d have a copy.

                              Otherwise you could try the Land Registry, unsure how easy it is: https://online.nswlrs.com.au/wps/portal/six/home/

                              • This reply was modified 1 year, 7 months ago by .
                              in reply to: Where do we find our by-laws? #65242
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                              Flatchatter

                                Hi

                                By-Laws are registered with the Land Registry. If you have strata management there’s a good chance they’ll have a portal where by-laws; meeting agendas & minutes; financial reporting etc can be found. So inquire with your Strata Manager if you have a portal and get the log in details, if not they’ll be able to email you a copy.

                                There was a link provided here but it was broken – JT

                                • This reply was modified 1 year, 7 months ago by .
                                in reply to: Strata Committee slow on defect report #65177
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                                Flatchatter

                                  Hi

                                  That’s good to hear that you’ve  got more time.

                                  We’re currently going through the process and have found it can take time. Due to the weather events this year the process just to get quotes and inspections undertaken was close to 6 months. So, know all critical dates and keep the momentum!

                                  You’ve no doubt discovered there’s a number of good Flat Chat podcasts about major defects plus these links maybe of interest if you’re looking for things to read https://cityfutures.ada.unsw.edu.au/research/projects/defect-rectification/ and https://www.ncat.nsw.gov.au/case-types/housing-and-property/home-building.html

                                Viewing 15 replies - 1 through 15 (of 193 total)