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  • in reply to: Can Landlord refuse to repair oven #78700
    Paul H
    Flatchatter
    Chat-starter

      Thank you for your responses. I have been ill this week so not following what has been happening, but that interest is shown and suggestions made is greatly appreciated.

      As it happens, I do have contact details for the owner and in the 6 or so years we have lived here, had a good relationship with him. Hence my surprise to get a far more terse and unreasonable reply than usual,  but it would seem that the real estate may be putting words in his mouth.

      I will contact him directly and see of I can sort a few things out. I will update this when I have a response

      in reply to: Balcony Renovations by EC #50410
      Paul H
      Flatchatter
      Chat-starter

        Your mention of S122 of the Act sent me to further investigations

        S122(4) says (inter alia):

        (4) In a case that is not an emergency, the owners corporation may enter any part of the parcel for those purposes with the consent of any occupier of that part of the parcel

        The OC has not asked for my consent, so I have told the Building Manager that until the OC asks for and receives my INFORMED consent (my emphasis) they can go whistle, and that anyone using our balcony except in an emergency is trespassing.

        Many thanks

        in reply to: Balcony Renovations by EC #50398
        Paul H
        Flatchatter
        Chat-starter

          Thank you

           

          We did not take up the offer of reduction of rent as we are already paying under market. We are long term tenants and have a good relationship with our landlord and he wants to keep us.

           

          However, I will start rattling cages…

          in reply to: Providing access for agent to do rental inspections #24736
          Paul H
          Flatchatter
          Chat-starter

            Thank you

            in reply to: Lazy Lying real estate agent #24413
            Paul H
            Flatchatter
            Chat-starter

              I don’t have contact details for the owner, but discovered by accident that the 6 degrees of separation rule applies and we have a mutual friend. Facebook can be a good thing sometimes. However, I do not want to involve my friend in something that does not concern them.

              I mentioned that to the rental agent and her reaction was to say that I was threatening her and that she would discuss it with the owner, which is exactly what I was hoping for. Maybe the rental agent is not very bright as well as lying and lazy.

              And I have been clinging to the “calm and informative” approach, notwithstanding the urge to be otherwise.

              But will investigate the Fair Trading option. I thought of NCAT but that is a bit like using a sledgehammer to kill an ant. Whatever happens, we won’t be renewing the lease in September and I am looking at what it would cost to break the lease.

              It would be a pity to leave early but the rental agent seems unable to take any responsibility. 

              I appreciate the feedback

              Many thanks

              in reply to: Dysfunctional EC #18705
              Paul H
              Flatchatter
              Chat-starter

                 

                 

                 

                in reply to: Dysfunctional EC #18687
                Paul H
                Flatchatter
                Chat-starter

                  The bylaw requires that changes to the type of flooring in a unit must be approved by the EC.

                  Such approval not to be unreasonably withheld etc

                  The bylaw does not specify the type of flooring required but if there is a change from the type of flooring installed when the bylaw was introduced, the the EC must approve, so the owner does not need OC approval, only EC

                  I checked with the SM about the possibility that non attendance at two EC meetings was enough to get an owner thrown off the EC, and was told that  there is no provision for this under the Act

                  in reply to: Dysfunctional EC #18664
                  Paul H
                  Flatchatter
                  Chat-starter

                    Voting is closed. We achieved a quorum and the request for a timber floor was rejected

                     

                    Next stop, the CTTT I expect

                     

                    I have asked the SM to confirm (or deny) that EC members who do not attend two consecutive meetings or vote at two postal meetings can be deemed to have resigned

                     

                    If that is the case, it may be a chance to get rid of some dead wood

                     

                     

                    in reply to: Dysfunctional EC #18584
                    Paul H
                    Flatchatter
                    Chat-starter

                      It may be that some of our committee members think that a position on the EC is decorative, particularly since there are only 2 members of the 5 that actually do anything

                       

                      However, the strong thread through many of these posts is that active EC members should expect everything except appreciation

                       

                      The SM was quite prepared to advise the owner who wishes to lay the timber floor that he should go to the CTTT at this stage and seemed surprised when I said that his case would be thrown out as there has been no decision of the EC on the matter yet and he can only go to the CTTT after a decision is made that rejects his application

                      We have scheduled another postal vote and will see what happens

                       

                      Calling a General Meeting to try to vote the recalcitrant members off the EC is unlikely to work. They are the only ones who attend the annual meetings so it is more likely that they would vote as a bloc and I would find myself voted off….

                       

                      Not that there is anything wrong with that

                       

                      Your interest and advice is much appreciated and I will let you know what happens

                      in reply to: Dysfunctional EC #18562
                      Paul H
                      Flatchatter
                      Chat-starter

                        No point in trying a “real” meeting. There are 3 of the 5 members of the EC who boycotted the last real one and I can see no reason why they would not do so again

                         

                        When the SM called the postal vote there were 2 proxies in favour of the chairman so I want to be sure that the proxies are directed to me at the second postal vote as the chair of the meeting. The SM seems to be inclined to approve the request

                         

                         

                        in reply to: Dysfunctional EC #12382
                        Paul H
                        Flatchatter
                        Chat-starter

                          Thanks for your comments and advice

                           

                          The owner requesting the timber floor has been told that he will have to wait for a decision

                          The other owner who put down the timber floor without permission sold up soon after

                          So, we introduced (with the agreement of the required 75% of owners) the new by law with the express purpose of stopping any further timber floors. Those same owners that agreed to that by law now seem to have changed their minds – perhaps because they will not be affected by the extra noise in this case. I certainly do not regret that the by law was introduced

                          I realise that getting signatures on a letter to the SM and producing a doctor’s certificate are irrelevant but there are some bleeding hearts on our committee

                          We have been given no details about insulation for the proposed timber floor

                           

                          I have been trying to control the situation – by pointing out to the EC members that a meeting must be held. and by scheduling a physical meeting that lapsed. I have asked the SM to carry out another postal vote

                           

                          I have a question though. At the last postal vote, the EC members that did vote gave their proxies to the meeting chairman who was our SM. How do I make sure that I am the chairman for the next postal vote? Is it as simple as just telling the SM?

                           

                          Thanks again

                           

                          in reply to: Dysfunctional EC #18195
                          Paul H
                          Flatchatter
                          Chat-starter

                            It is not that I want them to justify why they changed their minds but to justify why they are on the committee at all when they do absolutely nothing

                             

                            Our Strata Manager says that it is not correct that no vote means a vote against the motion. What is the basis for that claim?

                            in reply to: Owners’ Committee trespass #18522
                            Paul H
                            Flatchatter
                            Chat-starter

                              The garage is reasonably secure and has only 5 car spaces so is accessed only by those residents who park there

                               

                              There is nothing of any great value that I keep there and so have taken Jimmy’s very sensible advice and said nothing and moved on

                               

                               

                              .

                              in reply to: EC has given away vistors’ car space #12943
                              Paul H
                              Flatchatter
                              Chat-starter

                                Thanks for your help

                                 

                                It seems that the EC passed a resolution at an EGM in 2004 to allow an exclusive group of owners to use the vistors' car space

                                 

                                I have one further question:

                                Does the Managing Agent have an obligation under the Strata Titles Act to inform the EC if the the EC does something that exceeds their powers and may in fact be illegal?

                                 

                                So, even if the Managing Agents did not realise or ignored the fact that the EC was acting illegally, if I bring it to their attention, are they required to inform the EC?

                                 

                                Thanks

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