struggler

We have a bin roster in our complex for the shared bins.  We never used to.  It used to be the good old volunteers on the EC that made sure the bins went out week after week.  And because this, like so many things, was considered someone elses problem/responsibility by the residents in this complex, they started to dump bags of rubbish in the bin area, dump cardboard boxes on top of empty recycling bins and not even bother to wrap or contain rubbish placed in the bins, including used nappies which lead to human waste matter in through the bins.  And with that came the maggots (the bins are in the open, exposed the weather and hot blazing sun)  But who cared, after all, the garbage bin fairy took care of all that.

Then we introduced the bin roster.  Now the bin area was the responsibility of everybody.  Including the cleaning up, putting away, inhaling etc.  All of a sudden, everything went into bins, rubbish was wrapped, cardboard boxes were dismantled and folded.   The bin area (which everyone has to walk/drive past everyday and a number of residences have to look over) was tidy

We had thought of employing someone to take the bins out.  But we fear the problem would resurface as again it would be someone elses problem.   We do get the bins professionally cleaned throughout the year but bins are not as gross as they once were when unwrapped unhygienic rubbish was placed in and around there.

There are a couple of residents who are not physically able to take all the bins out for the complex.  But the bin angels still exist to help those who can't do it themselves.

On that point, can I nominate a tenant in this complex to be on the EC?  There is a tenant here who takes great pride, not only in his property but in the complex in genenral.  If there is something to be done, whether picking up papers flying down the driveway or clearing up branches in the driveway or cutting back branches that are blocking access, he goes back to his place, get the equipment he needs and does it.  The owners here, however, just step over anything they find and don't report any problems.

I don't know if he would be interested in doing it but he would do a great job, would not be afraid to speak up or knock on a door and tell someone to pull their head in.  And he would do it all calmly too!

We also have owners who have installed air conditioning units with either units or conduit for power on common property (ie outside of the units).  We also have external gas water heaters on the exterior (common property) walls within the courtyards of each unit.  Does this mean that the OC is responsible for replacing them as well?  This is of concern as the water heaters are now at the end of their usuable life (11 years).  This OC has not covered the replacement of these heaters in levies collected over the years.  To pay for them would almost certainly wipe us out financially as there are so many items that need attending to as this complex ages.

Call us niave but the EC and OC have always considered the water heaters as an owners responsibility to maintain and replace (with whatever water heating system they wish).  We have kept the levies low with the understanding that the OC covers the “big” things (roof, exterior painting, driveway, gutters, windows, gardens) and owners cover and maintain other items as needed.  We would have to increase our levies and owners have indicated that they do not wish this to happen and infact would sell up if it did happen!

Have an AGM coming up.  Do we need to consider bylaws for everything?  In my complex, owners want to do whatever they want without notification or permission and yet expect the OC to pick up the pieces and pay for it when it all comes apart.  How can you control it?

Are you buying into an apartment complex?  Perhaps this amendment came about because people would wheel their bikes in and leave marks along corridors or leave bikes outside in corridors, take up space in lifts.

Generally I have found that amendments to bylaws come about to  protect a complex from repairs/upkeep from residents thinking they don't need to take care because someone else will pay for it!

There would have to be a reason for it – a result of events that have taken place previously.  Perhaps you should enquire further.

Noise is always going to be a problem in some what in high/medium density living.  You can't help hearing something when someone is on the other side of the wall.  But it is hard for the EC to step in when they haven't witnessed or heard it themselves.  What is annoying noise for one may not be that annoying for others.

I worked with someone who complained if his neighbour had a few friends over in the afternoon for a drink.  I have kids next door to me and they do make noise now and again.  But my neighbours do not play music late at night or make a habit out of making noise.  It is just the occasional noises of life that I hear.  And while that is fine by me, it may not be fine for someone else.

If these tenants are making noise regularly, could you ask the committee if you can contact them when they are noisy so they can hear for themselves?  Perhaps ring a couple of them to come in?  Could you record the noise? 

Another way, that this complex has found very effective in the past, is to ask the EC to write to all residents with something like “It is necessary to remindi all residents that making enough noise to disturb neighbours is a breach of strata by laws”.  Could also mention fines may be imposed.  I have been told that breaching strata by laws is a reason to cancel a lease.  In these tough rental times, anyone renting and reading that may keep themselves in check.  We send notices like that out on a regular basis, to all residents, when one or two start to take liberties in the complex.  We find that reminding all residents not only works on the offenders, but reminds the others not to start.

Our managing agent has always told us that the EC/OC has a responsibility to send someone out to inspect a problem to see where it is coming from and therefore who is responsible (owner or OC).  Unless the chairperson of your committee is a trained professional, how can he determine where the problem comes from?

We had a by-law drawn up last year regarding shower recesses, bathrooms and internal plumbing to protect the complex from residents who allow a plumbing problem to become a major problem because then someone else pays for it.  Have had clogged drains resulting in overflowing.  Managing agent said it was EC responsibility to arrange inspection of everyones drains twice a year! Our by-law emphasises that any problems stemming from common property (water mains, sewerage and pipes that go between townhouses) remain the responsibility of the owners corp.

I would have though that your managing agent would arrange and pay for a plumber to make a determination of this damp problem.

It is good to check carefully before buying into strata.  Many people living in strata think that the owners corp pays for everything.  I know of someone who lives in villas in Sans Souci and they had no money in the bank.  The reason – they had many elderly people living there and the owners corp had always paid for everything.  So when a tap dripped, the OC paid for the washer, if the key didn't work in the lock the OC paid for it.  And with the complex aging, they had to pay more.  And the elderly owners cannot afford an increase in levies let alone any special levies.

Look in the SMH Domain apartments section.  I think it is page 5 that has info on different strata units for sale and lists their levies.  You can get a fair idea of what “average” is for different types of units.  Low levies look good (especially in new complexes) but there is usually not be enough money going into the bank.  And with high levies, generally I have found that they cover more “things” around the complex and more common property (ie pool, movie theatre room, lift etc).

An old complex with low levies and not much money in the bank equals special levies ahead, and there has to be increases.  You mention that the strata fees for the units you inspected were $420 – am assuming that you meant levies.  I personally would say this was in the low average price range for southern Sydney for two bedroom villa.  Though in an older unit, with more wear, tear and repairs, it probably should be a bit more.  If you take the amount in the sinking fund and divide by the number of units – from your information of the units you inspected there is only a couple of hundred dollars for each unit!  With tradies  costing $100 for call out, would only take a few problems to considerably reduce that balance!

Our complex has at the moment over $2,000 per unit (complex 10 years old) Our levies are considered low/average.  Our OC does not cover “everything”. 

Having said all that, am looking for a little house to get out of strata myself!

When we act on a matter in this complex (after we have verified details) we do leave a note to the resident in question.  We do not do this via the managing agent.  Right or wrong, we actually like to give residents a chance.  If they park in visitors spots once, we don't act.  If there is a pattern of parking, then we leave them a note with dates.  We have always felt that in this way they don't get a  bad “record” and have a chance to redeem themselves.  Generally this has worked. 

We have one resident who has broken every strata bylaw and damaged common property and despite doing everything in writing for all these continuing matters, this resident is still continuing with this behaviour.  This resident has harrassed a member of the EC over complaints over these matters (so do you think anyone would put their name to a complaint for this unit).    There is a tremendous amount of written correspondence in this instance all from the EC.  If a matter needs to be taken further then having info in writing is of course necessary.  And continuing bad behaviour needs to be taken further.

So except for this one resident, we have no real record of complaint for anyone else, though notices have been given out to quite a few.   Considering the worst offences of residents has been the parking and garbage/garbage bins, we haven't seen the need to have a endless paper trail if we can get them on the straight and narrow and with their reputation in tact!  If they follow the rules once we “prompt” them (which is what we consider the “it has come to the attention of the committee” notices to be) , then no need to take it further.  If they want to ignore the notices, then we start with the formal correspondence. And with good behaviour, we wipe the slate clean for that resident.

And as far as taking photos, a resident has abused an EC member for taking photos of common property.  Believe other residents don't like it and think it spying!  So no one is comfortable with taking photos.  We just have dates and times, car regos and details.  Only resort to photos when the matter gets to the point of considering action.