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Have demanded answer from our SM about our AGM. Have been advised that the AGM has been deferred to a later date to be announced. Shouldnt the owners be advised of this? Shouldnt someone tell us?
An Adjudicator has to decide that the AGM can be held later than the act states is that not right? So if this decision has been made we have been told nothing. Not the whys or wheres or hows.
Have asked the SM why this has occured but am still awaiting a reply. Not unusual for this SM. This is our new SM. Our last one was sacked because they apparently they didnt get around to doing anything. This one doesnt even answer emails. This new SM style of service falls well below the old one. At least the old SM did answer emails, or at least acknowledge receipt, did apologise when something was overlooked by them. This new one has made it clear not to bother them. Not to contact them. And they would charge if I did contact them.
Found a large empty container of pool chlorine left in our garbage bins. This is apparently what was use to clean our complex. The cheapest way to do it. Why am I not surprised? Just look at the cost, no matter what the cost. Will cost more than the cleaning bill to replace the plants that are dying. Not to mention any other environmental damage caused by these chemicals left to run off.
Thank you Jimmy so much for your reply.
I don’t feel like some irrational strata fool now. Your answer has justified my ideas on how this should be done. Not just here, for me or my complex, but for anyone living in strata.
Following the letter from the SM saying that my townhouse would not be painted because I have not been home, I went out and examined the woodwork in question at the rear of my townhouse. It is the eaves measuring approx 7m x 50cm. No mould. No moss. A few cobwebs, which I swept away with a broom and a few dirty raindrop marks, which I also swept away with some soap and water and a broom. No need for toxic chemicals. The painter should sand lightly before painting. Have done alot of painting myself. Have never used bleach. Elbow grease yes. Gerni at times. But not bleach.
Then I look around the corner. Being an end townhouse I have eaves alongside me as well. These are accessible via common property gardens. And guess what? The fly by night operators haven’t cleaned these eaves. Been back three times that I know of and still havent done this easily accessible dont need to ask anyone area. So I dont get mine painted because I wasnt home, but the painter cant do these eaves because they are filthy.
But if i report these eaves to the ever so clever and knowing SM, they probably will send out the same buffoons who were supposed to do the work. Then I will have bleach drippiing down my windows, walls. And the smell will permeate my home again (could smell the bleach from neighbouring properties). Not to mention the established plants in the common property garden that I look over that will be burnt and possiblily die from the bleach. So what do I do? I am dealing with morons here.
I have the phone number of the painter. He has done work here before. I have already contacted him about dates and times and he is happy to work with what days suit me. He knows the exact dates he is going to be starting work in the complex. But the other owners are none the wiser. The EC did not even give his number out. And nothing from the SM. There is no correspondence indicating when the painting will start except to say in a couple of weeks. The EC wants residents to return a notice indicating whether they will be home or not. But with no dates, times. So how can you say you will be home. It is seriously farcical.
The only common sense in my strata world is on this forum. So thanks again Jimmy for making me believe it is worth fighting the good fight.
I arrived at my home at 11pm last night to find two letters in my mailbox from the Strata Manager. These are ontop of two notes left on my front door from a committee member.
Strata Manager letter states that cleaning of the rear area of my townhouse would take place this morning. The letter was dated the 15th May. I received it on the 17th. It advises me that if I am not home or do not make arrangements for access to my courtyard through my home then my townhouse will not be painted and I will have the responsibility of ongoing maintenance!
Of the two notes from the committee member, one states that they made a mistake when they told everyone they had to be home last Saturday, and it was infact this Saturday. This note was left late on Thursday. These following from the original note left the night before saying cleaning would commence and we had to make way for these works.
On all occasions I have been interstate or at work. This I could not have changed at the last moment. Topped with the fact that I have an elderly parent that I am co carer for who has been hospitalised for the past 3 weeks and who now needs even more watching over. It’s not like I am just sitting in a deckchair in my courtyard drinking margaritas and just not wanting to be disturbed. I have not been here, either working or caring.
The other note says that painting will be taking place and residents have to either be at home or give the painter a set of keys. All very well, but when is the work going to start? There are no dates, no indication of when. So how does one stay home to allow painter in when you don’t know what day, or what week he will be appearing.
So, where do I stand? The SM seems to be as useless as the EC. I actually have more ability to be at home and allow access than anyone else here. My work days and hours are flexible. I just need to know when I need to be around. Is that too much to ask?
And it appears that the cleaners use bleach to clean the place. I gather this from the overwhelming smell in my home and the many dead plants along the walls that have been washed. It would appear that no covers where used on the garden areas. So now we have clean walls and dead and dying garden beds.
So can I be refused the painting of my townhouse? A couple of years ago it was discussed and agreed at an AGM that the owners of the townhouses on my side be responsible for the cleaning of the eaves in their townhouses due to the accessibility and the fact that they are only one story on that side and quite small, easily cleaned with a broom and bucket. Which is what happened with previous cleaning and what I intend to do this time.
And when the quote for painting was agreed to 12 months ago, it seems a bit rich to expect residents to be at home at the drop of a hat. There has been no indication that any works were to begin. So if another resident is on holidays, they miss out on getting their place painted because the EC/SM did not advise that such major maintenance would finally begin. How were we meant to know if we were not told after all this time? Perhaps I should have tried a clairvoyant.
Sorry to go on, and on, about my own issues again, but I really need some guidance. I intend to call a lawyer on Monday morning.
Thanks for your replies.
I can home from an interstate trip to find a pool of water in the foyer of my townhouse coming from under my front door as well as a chemical smell. There was also a water logged note from an EC member saying workmen would commence cleaning – tomorrow. As I was in my home the day before, I can safely deduce that the note was left in the evening, so 12 hours notice. Note instructed residents to allow access, move furniture, dont put any washing out. All very well for the EC who must have known when these workmen were going to appear.
I then arrive home from another work trip to find a note plastered on my flyscreen door at eye level. It says that because I didnt let them in last time they would be coming back – tomorrow! Make sure you give them access and if you cant be home make sure someone else is there! So I am assuming that tomorrow refers to the day after I left on my trip. There was no notice the day before I left. Don’t know about anyone else out there but a bit hard to organise someone to be at your place on short notice.
These workmen that they want me to allow access to my courtyard area are the same ones who used the chemicals and flooded my foyer (twice). I do not want chemicals used. Since this cleaning work was carried out the plants in the common area next to areas cleaned have died. I do not want my garden killed off and am concerned about the health of the plants I have at my front door. Can I hold the EC members accountable if they die because of lack of notice regarding both the cleaning and the use of chemicals?
Can I hold the EC accountable because my vacuum cleaner was sitting in my foyer in the water? If they had given adequate notice, it wouldnt have been there and I could have placed something under my door to stop any water.
Thanks KP. The EC did have this on the agenda at the last AGM which is now over a year ago. They then found this SM. An EGM was held in middle of year and the useless EC recommended this SM which the owners agreed to. You see, it was the SM according to the EC and the owners that had caused no work to be done in the complex. So the new SM was appointed. But the EC forgot to sign and send in paperwork. This almost resulted in a sale of a unit in complex
The EC have personally told me in correspondence that they have approved a quote for maintenance works in June last year. They then told all owners in writing that they had agreed on a quote for these works in October last year. The work is still outstanding. But it was the old SM that caused all the problems.
The painting of this complex is some three or four years over due. For a complex of this age (12 years) we should actually be looking at repainting. The painting quotes have been done over and over. At the EGM owners voted on a quote and it was agreed to go ahead. They have since had the job requoted by another company as the first company has quoted twice I would assume they are no longer interested in wasting their valuable time for no result. But this other quote has now expired. I suppose there will have to be another quote which could be voted on at the AGM that should have been held last month but we have heard nothing.
With any new strata reforms EC’s should be held accountable for not acting on maintenance issues and letting costs blow out as a result. I would like to see our EC held personally liable for their actions, or should I say inactions. But their response is they are covered by insurance. And so they sit back. And the owners sit back. I have tried. I have advised of maintenance issues. One year and two months later, now I sit back.
This isunusual. If there are designated parking areas for the use of residents the the OC should politely inform you of this. But I would find it hard to imagine calling parking a car in a parking area “storage”. And if the OC advises that residents are not to use the car parking fthe ongoing parking purposes or for everyday parking I would watch for those who do come home from work and park there on a regular basis because perhaps they arI then in breach.
Unless the by laws state that a resident can only use it once in a 24 hour period i can’t see how they can tell you to park elsewhere just because you don’t use your car every single day.
I am hearing you Bennifer!
Same here. I was on the committee for 10 years. Lots of work no thanks! Just complaints. But no mention when something fantastic happened. And yet the owners will come to the AGM year after year and complaint. They will complaint about something that they havent even mentioned to anyone! They will complain that the light in the common area doesnt work, they have noticed it not working for 6 months but have said nothing. Because that is apparently the responsibility of the EC to notice everything, even if it is within an owners lot or in a part of the complex they do not routinely pass by.
I had people contacting me for the most trivial things. And knocking on my door rather for anything and everything. Mostly they wanted me to give them permission or organise it now. I had one owner who bashed on my door to fix something immediately or they would hold be personally liable for the safety of their children. The problem was in the common area and was not an immediate threat to anyone. And there I was. I couldnt personally fix the problem. It would take phone calls to the relevant professionals. And phone calls to the SM. And it would take some time. So this owner then got his children and “parked” then on this part of the common area! Therefore subjecting them directly to this “danger”! Why should I have to put up with that? Together with everything else, that is why I am no longer on the committee.
We had alot of hard working people on the committee at one stage. All worked selflessly and gave up much of their free time to ensure that everyones unit and the complex as a whole was maintained. All this for no money and little thanks. Just complaints that not enough was done but too much money was spent despite the fact the our committee actually did alot of the work (cleaning, clearing, gardening) themselves. No there is no one doing any work on the EC of any kind. And our expenses have gone up and yet no maintenance is being done. Now they have something to complain about!
Cosmo, I actually find the residents who believe they have the space to park outside their garage a bit selfish. Why should they get to use a piece of common property exclusively without cost when those who can’t park outside their garages put in via their levies to maintain common property which, with cars parked there, could have ore wear and tear perhaps than other areas (for example tyre marks, oil stains and damage to garage doors which has happened here when someone parked then didn’t do a good handbrake release).
In the case of my friend, these cars not only cause problems getting around them, but there are cars parked there when he goes to work and when he comes home, so he doesn’t get to use those areas, can’t use the space infront of his, so why shouldn’t he feel that it isn’t right? If people want to use it, they should have to pay more! And I believe that if you allow someone to use common property just because you can, then you open a can of worms because everyone will use some common property without permissions or cost and you might find it difficult to take one to task when you haven’t questioned another. That is exactly what I indeed to do to my EC if they pull me up when they haven’t bothered with anyone else.
Am all for common property being used if the user pays for the privilege.
Well my car parking photographer friend has now amassed enough photos to have his own exhibition. Owners and residents are up in arms over their long standing cosy unofficial arrangement being challenged. Those who make their own parking arrangements have started up a movement to allow them to keep parking wherever they want. It would see that the rogue parkers are in the majority.
It looks like heading to an EGM. Can the majority vote to allow themselves to park on common property? Should there be an exclusive use clause for each unit and their respective parker? Should there be a risk assessment done to investigate the access to residents and emergency services vehicles (there has already been an accident where a car navigating the obstacle course of cars down the driveway has hit one)? Or can these owners get to increase their parking, despite limiting access for others? Not every unit has the space to allow cars parked in front of garages. To do so would block others getting in and out of their garages or parking in the driveway.
Or should I advise my friend to tr to get the wording that all owners would be allowed to park in the driveway. If he does so there would be a few rogue parkers who am I find they can’t get in or out
Had similar problem where the poor suckers on the EC, including myself, we’re left to put the bins out and bring them in each week. And as someone else did it, the other residents saw no need to actually place their rubbish into the bins, next to was enough because someone else did the bins. Nor did residents feel the need to wrap their rubbish because someone else did the bins. So we started up a bin roster. Each week a resident was responsible for taking the bins out and bringing them in. They could swap between themselves if their due date was not convenient. A reminder was left the day before for the resident due for duty that week. In our bylaws taken from the model bylaws said something like residents are responsible for the proper disposal of their waste and that bins had to be placed on the street. It didn’t say only one bin!
This system worked well with only a few people forgetting their bin night ( they were reassigned the bin night of the person who did it for them which was of course a member of the EC).But now we pay someone for this work. And now the rubbish is being left and not being wrapped correctly. Because it is for someone else to do.
My friend said it was an exclusive use but could just have been a special by law for this pergola. This by law does state that the owner of the property is responsible for any ongoing maintenance. I would think that some kind of by law or permission would be needed as most pergolas are attached to the external common wall/common propert in one way or another.
But I’d they have a by law that states they are responsible for it for one thing and they build something else, and no one can be bothered to do or say anything about it, is it still covered by the by law if it differs from the original plans?
Yclept. Thank you for be.ieving my postings a sensible and level headed. I can assure you my phone conversations in the past with out SM were also conducted in this manner in the first instance, and even the second.
However, when you have a SM who just approves and pays for repairs and puts them through your insurance without your knowledge, over and over again, and refused to give you the details of these repairs not even which unit, or they write to a company advising that the EC is unhappy with their services will not be using them anymore when we were infact happy and had not authorized this correspondence. when the SM would send out a trades person for a repair and tell them just knock on “Struggs” door, without notifying me nor finding out if I would even be there, on more occasions than I can remember, and would tell residents to not bother contacting them re repairs in the complex but to just knock on my door. Then the SM gave an owner who had destroyed common property permission to half fix it despite what the strata lawyer had instructed him to do, then yes all semblance of sensibility, level headedness, calmness and reasoning went right out the window. I can totally understand a SM overlooking this, or not getting around to that and having to be reminded. But not when one has to ring and ring and ring and ring.
So yes, I initially approached matters with a reminder phone call/email in a friendly manner. But there’s is only so long one can keep “smiling”. Then bad Struggs appears.
Excellent suggestion Boronia. This problem will exacerbate with the lack of regular council cleanups becoming the norm. Have made enquiries in my own area and have been told that the EC needs to organize with the council for a cleanup for the entire block. It seems inidividual strata owners/residents are to entitled to their own clean up as are the house dwellers. Have found this discrimination for us strata residents before. Despite the fact that in my complex we have units that are as large as a house, have as many residents as a house, has gardens and lawns (just smaller) and yet we are not entitled to even one cleanup.
In this complex where the EC could not organize a beer in brewery let alone the overdue maintenance issues (been a year since I brought it to their tension, should I send an anniversary card?). So there will be no cleanups for this complex. So many like me will be stuffing the bins full of items normally kept for those twice yearly cleanups. And those moving out will find the bins full and will dump even more stuff on common property for the rest of us to get rid of.
Why should an owners corp have to dispose of someone’s goods anyway? Now that man councils in Sydney no longer have regular council clean ups, these would lead to costs to the OC.
We had an incidence when some tenants moved out and left the most amazing array of “stuff” in the bins round the bin areas and sitting on top of the bins. I would like to advise those who want to dump their junk on common property to not leave identifiable content in their trash as these tenants did. There were documents, paperwork, books etc all with their names emblazoned on them. They left a concrete block, a brazier, and many other articles that were not suitable for residential waste bins, not to mention they had taken up most of the bins with other household goods. We contacted the agent managing the property. These people swore they did not leave anything and then sent us a letter from the mnister of their church saying they were good people.. Meantime we are left with a large amount of stuff, plus garbage bins full, a council cleanup months away, a council that fines for inappriate waste and tenants who have walked away scot free and left everyone else to clean up their mess and pay for the privilege. For me it all boils down to a lack of common sense and respect for others.
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