Forum Replies Created
-
Replies
-
Ziggy
provided process is followed, a motion can be reput to the OC at any time, even if it has been defeated before.
You may also want to consider that an upgrade will be cheaper than a replacement. To my mind that argument alone may be influential in a revote.
If you feel that the views of the majority of owners is not represented by tha SC, organise as many other owners to vote at the meeting to vote down the changes
Robert
Hi Lady K
I’m not sure that in this case NCAT will be sympathetic with you.
Living in a Strata development means that you can’t do anything you want, especially to common property which is owned by the Owners Corporation.
The right to a Major Renovation, especially one where there are structural modifications, and a priviledge granted to an Owner, not a right.
If you have been to an AGM and had your request for the Major Renovation rejected, you have two practical options.
(Forget the Strata Committee (but not its members) as they can’t approve or disapprove your major Renovation. It requires the vote at a GM)
1) Just accept the vote. Your great idea is not shared by a sufficient number of your fellow owners
2) Be nice to your neighbours. Have a word with them and convince them that your great idea is really not going to affect them, the value of their property or the structural integrity of the building.
Often Owners will vote against a motion because they fear the worst. Assure them all will be good.
Then put it to another GM if you can rally enough support
And remember that the motion fails (its different to passes) if 25% of the Owners voting at the meeting oppose the motion.
Make sure the people voting are financial (that may knock out a few) and maybe call a poll vote. But be sure you have the numbers first.
I wish I could be more positive about your dilemma and say you are right, but the SSMA limits your rights
Robert
Get get your insurance company to claim from her insurance company.
Why did they not ask this in the first place? I assume she either admitted fault or someone saw her do the damage
Robert
Flame tree
why not get more involved in your strata?
Most SMs just have a roster of companies who supply services to the SMs clients. Because the tradies need to jump a few hurdles, it’s not easy to get on that roster. That means that prices are not really competitive.
There is nothing to stop you asking the SM if you can get your own quotes from tradies you find.
You may find that the SMs obtained prices are Ok or not; you’ll also find that the hassle of getting your own quotes ( your time and inconvenience) may justify using the SMs suppliers.
I’ve also noticed in the last few years that tradies are ramping their prices up A LOT.
They can because their are fewer people taking up trades, and the rise of franchised trade companies and the reduction of the small operator.
France’s, before you go to far in speaking with the OC, talk to an air conditioning installer. There may be practical reasons preventing what you want to do.
1) The water outlet you speak of is the condensate drain from the interior unit. The pipe needs to fall over its entire length to a drain point. It doesn’t have to be plumbed into anything.
2) An enclosed balcony even one with Windows will reduce the effectiveness of an air conditioner. You just end up circulating hot air.
An installer ( not the shop where you buy the unit) will give you the best opinion.
in terms of approaching the OC.
Unless there is a by law already in place, you will need to have one approved for your installation. It’s not up to the committee to tell you of the fire risk (what fire risk?) as the bylaw is voted on by the OC.
Whilstbthe passing of the by law in purely up to the OC, the committee can’t place unreasonable conditions on you, unless the restrictions are already the subject of a bylaw.
Get your own bylaw drafted by you, and let the committee argue whether it’s suitable. There is no law that says who drafts the bylaw and the committee can’t make you use their lawyer nor pay the OC costs of their lawyer reviewing your by law.
Good luck
Robert
In my opinion, its not all that hard to read stata plans.
But in the buying process its not usual for the solicitor or conveyancer to check that what you have been shown yo be buying and what is on the plan is fhe same.
Now if you believe that some owners are not o upying their correct storage units, then they are trespassing. Just bebecause its too difficult to move ones possessions is not areason to perpetuate the breach.
The numbers assigned to each storage room carry no legal weight as it is the strata plan which is the ultimate test.
Remeber that you have legal title to the property that is described in the documents registered withthe lands department.
Get you solicitor to check the plans, and if he agrees with you have him send a trespass letter to the offending owner, not the OC saying that if its not rectified you will take court action
This is not a strata matter but a property (title) matter.
Hi Truleconcerned
I think someone pointed out in an earlier reply that this can become a very emotional issue
By your own entry in the thread, you do not know whether the OC knew of the renovations.
You also think that the noise may disturb your tenants
Strata, as in most laws, is concerned with breaches of a defined legislation. Emotion does not come into the decision.
You first need to establish whether the OC did know of the renovation. As someone pointed out many owners do renovations without notifying the OC. Find out whether the OC knew and what they approved by looking through the correspondence – both minutes of meetings and letters/emails. The approval for a renovation would be in a minuted meeting at least.
Secondly you need to establish that there is a noise nuisance. Like JT said, you need to start a noise diary. The courts will not act on a perceived breach.
There is no magic bullet You will need to do some research and write some letters in order to get some action. It will take time – thats ensured by our legal processes. In this case patience is a virtue.
Robert
Dear old and tired
What law have they broken?
The courts will settle disputes where there is a breach or perceived breach of the law. Bad behaviuor and it’s defence are not, in my opinion, breaches of any law, particularly strata law.
Bad behaviuor is not excusable, nor acceptable, but it happens.
Are there other owners who feel the same way about the Chairman.Perhaps you can get together in a voting lobby and have the chairman removed from the SC at the next election. You or one of the similar minded folk may need to be prepared to stand for election in order to keep him out
If you want to enrichen lawyers, maybe get a lawyer to write a letter to the chairman stating that his behaviuor is threatening to you and that you may take action in a court. This may cause him to pull his head in.
Robert
Dear taps
Its quite simple
Have the chairman or SM speak to the owner first.
Let him know that he has breached the clause about damaging common property.
Point out that he can
a) reinstate the pipe to its former condition and raise the level of his courtyard as he has damaged commo property. Say that if he fails to do so the OC will issue a breach notice and if he fails to remedy the breach, he can be fined and the OC can reinstate the stormwater and charge him for it
OR
b) tell him that he will need to get a bylaw passed for the change to the stormwater. That the costs of the bylaw will be at his expense and that he will maintain the stormwater pipe.
b) is the cheaper solution for the recalcitrant owner, but a) is where the OC has the big stick
Apart from breaches of bylaws, in NSW there is no law allowing owners to be fined for any such acts.
But consider thatnin this case, the owner has improved thecommon property by replacing old terracotta pipes. So you woild not want to chnage that out. If its not doing any harm, get that bylaw passed
If the SM is suggesting a meeting just to give permission and not to pass a bylaw, then he is mistaken. It needs a bylaw passed so that the OC is not stuck for any future maintenance costs .
The cost of the meeting can be charged to the owner as parg of the “permission””
Robert
They key words in the legislation is “with approval of the OC”
The OC can impose reasonable conditions on the approval. So a reasoanble condition woild be the s heduling of works by lot owners.
You coild make a limit of say two renos at one time and first in best dressed or set a timetable. If the lot owner fails to start o time thy have less time to finish and then lose fheir spot
You of ourse will not please all the lot owneda but thats part of strata life
Robert
70s buildings in NSW pose some problem in determining what is common property and what is owners, especially at the edges of the lot.
The old way of defining strata in NSW had a thick line around the verandas ans stairs and a dotted line for the wall dividing the verandah/ stairs and the internal living areas.
That is probably where the SM bases his ruling on.
But the lot owners owns only what is between the thick lines and between the floor and the ceiling.
The courtyard is usually lot owners property maybe 0.5 m below ground level and 2.4 m above ground. Check the strata plan.
On that basis that the thick line is around the stairs, I believe the stairs are common property as they would not form part of the courtyard area.
Why is strata never simple
Robert
This post is NOT pointing a finger at swoo
I see time and time again where owners take no interest in the workings of their ‘strata’ ( sorry jimmy). Clearly the special levy was passed by a majority of those I attendance ( or by proxy). Where were the vocal minority that is now protesting the levy.
I am probably preaching to the converted ( the readers of flat chat), but please get involved with your building, even if it is to go to the AGM. Then surprises like swoo has received are brought to owners attention early.
In my daughters building of of 15 lots, they had 2 attend the AGM. My daugyter, an owner for just 3 months was elected onto the committe and then appointed to all three positions. Fortunately she has been schooled well by me in strata and the building has a hood SM.
In NSW you cant transfer money from one fund to the other
BUT I think I have a way.
The OC can return money to owneirs from any fund
SO In this order
Propose a motion for special levy for the fund you want the money to go in to.
Propose a second motion to return money to the owners from the fund with excess money. Include in this motion that it relies on motion 1 being passed
The nett result is a transfer of money from one fund to the other
Robert
Its relatively easy
Go to the lpi website and then to one of its information providers
Do a title search and Type in the address of the property
It will then give you strata number. Choose the strata title and pay your money
On the strata title will be the address for service of notices
Most SM will change this field to their office
Bingo
Robert
I’d be looking at all the ghings the builder excludes.
Like I bet they do not guarantee that after they finish the work that the building is waterproof.
My experience is that the longer the contract the worse off the consumer is.
If the lay person cant understand the contract, you can be sure that if there is a dispute its going to require lawyers rather than a simple discussio to resolve.
Id pick a different builded
Robert