Forum Replies Created
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Have you considered installing Crimsafe (www.crimsafe.com.au)? My mother had this installed at her villa after she was broken into. It is virtually impossible to penetrate. It has not altered the appearance of her lot as it looks the same as the previous insect screens. You may still need OC permission if your existing insect screens are considered common property.
Strata bunny – you have mentioned that it is a “common property (water membrane) repair” in your subject line but then also mention that “carpet in bedroom ( associated with bathroom wall ) is now rotting / mouldy / smelly”.
In NSW the OC is only responsible for the waterproofing membrane on the floor or common property wall (i.e. the wall adjoining another lot or common property area). It is not responsible for the waterproofing membrane on internal walls of your lot. Our OC has had a similar request for repairs from a lot owner and the OC asked the Land and Property Information (LPI) Strata Team for clarification:
Q1: What is your definition of a shower recess which is located on and internal wall? It is obvious that the floor and the tiles attached to the floor are common property but how far up the internal wall is classified as common property.
A1: Tiles on an internal wall are not common property.
Q2: Whose responsibility would it be to repair water leaking through tiles on an internal wall not affecting any other lot?
A2: Leaking through an internal wall not affecting another lot is the responsibility of the lot owner.
In regards to issue #1, you have broken the rules and shouldn’t park on common property regardless of whether it’s in the way or not. You have been told not to park there but I do feel the way you have been approached is in a way classified as bullying – I’m glad you have said that you don’t want to be approached in that way again.
As for issue #2, there is probably a limit set on how much the EC can approve. This limit is set at the AGM. I’m in a complex of 14 and a limit of $15,000 has been placed on the Executive Committee’s powers for the coming year. There should have been notification about the signs and changes to the letterboxes. The EC should’ve had a meeting about this and the Agenda & Minutes should’ve been placed on the noticeboard. If the works have had a negative impact on the look of the common areas and you weren’t informed beforehand, I think you should look into this as it may lessen the value of your lot and in that case the entire OC should have voted on these changes beforehand.
There may be trouble in the future without Owners Corporation approval. Our OC had problems in a unit with unapproved alterations to fire-rated ceilings (common property) made by a previous owner. The current owner sought to have the ceilings reinstated by the OC. It went to the CTTT and here is their decision:
“On the evidence before it the adjudicator is not able to make the orders sought by the applicants. If the alterations to the common property were carried out by the previous owner of the lot, the applicants (who are successors in title) are responsible for ensuring that the by laws of the strata plan are complied with. The adjudicator is not able to make orders that the Owners Corporation carry out repairs to common property that are as a result of alterations made to the common property by a lot owner.”
The current owner is now responsible for the reinstatement of the fire-rated ceilings in their unit, not the previous owner who did the unapproved works.