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Thanks for your reply JT, I believe the committee are very aware of and trying to prevent any form of first in – best dressed.
I have talked to several providers, they are pushy, just want to get in and install the largest system they can. They have no sense of sharing with others as they generally have only installed systems on single owner dwellings.
I am very interested to know of any other experiences of solar installation on common property roofs and particularly how area and location was decided, regulated or allocated.
Regards,
K
My property is in Queensland.
The Committee is trying to regulate installation of solar for exclusive use on the roof above our units.
There is no guidance on how to do this. The Committee Members are trying to act in the best interests of all owners by limiting roof space and location to be used by individual owners, so that suitable space remains available for others who may choose to install solar in the future.
Is there any information available on how to regulate the area and location of solar installations?
Can the Committee just make their own rules on how they believe roof space should be allocated?
How can the Committee refuse an application if they consider the size or location requested is not fair to other owners?
Regards,
K
My intention was to create a By-Law to regulate the cost sharing between owner and Body Corporate, when cost sharing was appropriate.
Tiles are the property and responsibility of the unit owner. Waterproof membrane is the property and responsibility of the Body Corporate.
If the waterproof membrane fails, the full cost of tile removal, membrane replacement and new tile placement must be the responsibility of the Body Corporate.
If the tiles need replacing but the waterproof membrane is still ok, the cost of tile removal and replacement is the responsibility of the unit owner.
However the process of doing this would most likely damage the waterproof membrane and therefore I thought it would be good practice to have a By-Law which defined how cost could be shared between owner and the Body Corporate.
Simply overlaying existing tiles with new tiles is not a good solution. In our building the balustrades are exactly 1 metre high. Overlaying tiles would reduce this height to less than the minimum legal height required.
The win-win outcome would exist because each party would gain new property for potentially half the cost each.
However, I have decided not to proceed with development of a new By-Law following advice from our Body Corporate Manager that a By-Law is not suitable for something such as this and is not required, and that it is a Committee decision to reimburse an owner or to arrange waterproof membrane repair.
If a ByLaw can suitably regulate and apportion cost of the re tiling and waterproofing, when it is done by owners choice, perhaps done to match work done by and fully paid for by the Body Corporate then the outcome of shared cost will be a win-win result. Owner get their new tiles, Body Corp get new waterproof membrane. Cost is suitably shared.
I was hoping that there might be an existing example from one of the States that create bylaws for every little thing. I will follow up with UOAQ.When creating a new ByLaw should legal advice be sought to check the wording for errors or ambiguous interpretation?
Two suggestions:
1/ Buy the unit downstairs
2/ if they are disturbing the peaceful enjoyment of your property, take the necessary steps to regulate their behaviourKen
What should we be doing as a Strata Committee to prepare for the inevitability of an owner or tenant requesting a charging facility for an electric vehicle? (Our building is a mix of Commercial and Residential.)
Should we be preparing a By Law or a guideline for EV charging for our upcoming AGM? If so are there samples available?
Could we establish a multiple charging station, as shown in the above link to EVSE and position it on the Common Property car park? (It could then be available to the public.)
Or do we just do nothing and wait until an owner arrives with a new EV and demands a 7kW outlet for charging, and deal with it using our existing By Laws?
A multiple charging station on the Common Property may be problematic as owners, occupants and their invitees are not permitted to park or allow a vehicle to stand on Common Property, without the Body Corporate’s written approval.
Thanks scotlandx,
Yes I am in Queensland.
You reply and link to further information indicates that we are ok.
Regards,
K
Would this also apply to approval to install and maintain solar panels on the roof? Not actually a lease but approval to use part of Common Property.
Application for solar installations from three units has been approved by the Committee, subject to a list of conditions approved by owners at a General Meeting. All done as directed by our Body Corporate Manager.
Whilst not a formal lease, is there any time limit on the approval?
Regards,
K
I cannot directly answer your question Dingo, however I suggest you investigate Smoke Alarm Legislation in your State.
I recently noticed that Queensland has new legislated requirements including the following:
To comply with legislation, interconnected photoelectric smoke alarms are required:
- From 1 January 2017: in all new dwellings and substantially renovated dwellings (this applies to building applications submitted from 1 January 2017).
- From 1 January 2022: in all domestic dwellings leased and sold.
- From 1 January 2027: in all other domestic dwellings.
https://www.qfes.qld.gov.au/community-safety/smokealarms/Pages/default.aspx
https://www.qld.gov.au/about/newsroom/smoke-alarm-legislation
Basically from 1 January 2017 onward any new or replaced smoke alarms must be interconnected and of the photoelectric type as per the applicable dates above.
I do not know how interconnected alarms can be installed to units without conduits and wiring, unless maybe someone develops a wireless type of alarm.
Rgds,
Allan
David2708,
Our By Law states:
The owner and the occupier of a lot must not, without the Body Corporate’s written
approval:-
8.2.1 hang washing, bedding, or another cloth article if the article is visible from another
lot or the Common Property, or from outside the scheme land;
Quite simple to understand.
I have removed numerous items of laundry which have been dislodged by the wind from drying racks and landed on the Common Property. One item was a G-string with which I was able to emulate a slingshot and fire back up onto the offending owners’ balcony.
For those unable to understand this simple By Law, I have a proposed method of explanation to those who persist in hanging washing in conflict with the By Law:
Using a Paintball Gun loaded with bright red, blue or yellow paint balls, walk around your building and from the Common Property land a paintball on the offending laundry.
Simple really.
Regards,
Ken
Some members have a location included in their profile.
I have tried to find where this can be added to my profile, but without success.
If a location was a mandatory part of each member’s profile, miss-directed rants like the one from Admin above may be avoided.
I did find, in the “About us” section that this forum “is about strata living in Australia.” Not just NSW but Australia.
I did contact our legal sponsors, but their response was that they do not deal with matters in Queensland.
I then sought legal advice in Queensland and now understand the following:
Floor Tiles
I own the floor tiles in my unit, and I am responsible to maintain, repair and replace the floor tiles if required. Floor tiles are part of the Unit, similar to paint, carpet or other floor coverings.
The Body Corporate owns and is responsible for the concrete slab and any waterproof membrane that provides protection for lots or common property.
See Sections 159 and 170 of the Body Corporate and Community Management Standard Module Regulation 2008.
I did discuss the broken tiles with members of our Body Corporate Committee, and also contacted our Body Corporate Manager.
Responses were:
- Tiles are my own and my responsibility to replace
- Suggest I advise other owners and occupiers nearby to warn them of possible noisy and dusty work, which I did and had no complaints
- No special By Law required to lay new tiles
- No special glue or sound proofing required under the tiles
- Only cracks 3mm or wider need to be inspected by an engineer
By-Laws
I acknowledge that I broke By Law # 1 Noise when attempting to remove tiles, however I do not know what other By Laws I have broken as suggested by admin above.
New tiles are now in place and final grout is being applied today.
Regards,
Ken
I lifted half of the tiles by hand. Most of them were not stuck down and were easy to remove.
I then hired a contractor to remove the remainder using a big electric jack hammer and then a grinding machine to remove the grout and tile cement.
Very noisy and messy job. I warned the occupants adjacent and below my apartment, but the noise must have been terrible. Some complained about the dust. Not sure how else this sort of work can be done. As an owner I cannot create noise likely to disturb, however a contractor can.With the tiles all removed, three large cracks are visible in the concrete slab. I suspect the cracks in the concrete slab caused the tiles to crack and pop up.
I still do not have a clear answer regarding who is responsible for the cost of repair of my tiles.Regarding possible concrete cancer, I am going to my Doctor next week to have some skin cancers removed so I will take a sample of the concrete and ask him to check it.
Ken
What is the relevant legislation for Queensland?
I found the “Body Corporate and Community Management Act 1997” Current as at 1 December 2013, but cannot find any reference to changing colours.
Rgds,
Ken
@considerate band fair said:
Hi All, in our complex we allow the use of a ‘clothes horse’ or air dryer for drying of laundry on balconies so long as they are not above the height of the balcony rail.Laundry is not to be hung over the balcony railings. This seems to work well and does not affect the appearance of the building.
Cheers,
CBF
That seems a sensible response.
Most balconies have walls where a clothes horse could be located out of sight.
We have a By Law (Qld) which prevents hanging washing visible from other units or common property without written approval from the Body Corporate. This has maintained the appearance of the units, but some recalcitrant owners or tennants are ignoring the By Law.
Is this By Law enforceable in Queensland, and if it is, who is supposed to enforce the By Law? Resident Manager, Body Corporate Committee or Strata Manager?
Thanks,
Ken
Somewhat related to this discussion, if a unit is listed as owned by only the husband of a married couple, can the wife be nominated and become a member of the EC?In other words, the wife is not a listed or registered owner of the unit, therefore is she entitled to be a member of the EC?Thanks,Ken -
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