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Unfortunately, Covid has introduced us all to situations that none of us ever anticipated, and hearing kids play next door, or across the road is one of those.
In Qld; I can hear the 2 and 6 year old children across the road and 3 doors down and empathise with their mother who is distressed at their behaviour and level of noise. Yet, as a Grandmother I am forever asking my own 4 and 6 year old grandsons to ”use your inside voice, please stop screaming, don’t run up the stairs” but it’s all to no avail. They remember my request for 60 seconds and then do it all again.
The children aren’t naughty, or being disrespectful they are just being kids and are boisterous little boys who have lots of energy.
I’m wondering if Sydneyguy can talk to the parents and maybe assist them, as they may not like this either. Could you afford to buy the family a pass to Water World, or zoo or some activity nearby so they will leave home during the day. In Qld family passes are affordable for 12 months for Movie World etc.
Also, is there is a Family Day Care Centre that the children can attend, that the family don’t know about? Maybe the parents want that too but don’t know how to access these things. Maybe you could drop pamphlets into their mail box that would enable them to take the children out during the day.
I know you may not be looking for these answers but we are all entering a new era of work at home, and lockdowns and we have to do the best we can to survive.
We’re replying to the initial teaser put out by Keymaster where he referred to Qld’s Nuisance S167 legislation. The problem that appears in Qld is that lawyers, body corp managers, caretakers and committee members use S167 to call owners’ names. But the legislation refers to ‘behaviour,’ not name-calling.
Name calling often goes on without facts or evidence to support those statements and is used to divide and conquer bodies corporate, while isolating the individual who may not have done anything wrong.
Disempowering owners through name-calling, labelling and stereotyping is all a part of a culture in Qld that breaches the Human Rights Act, as it’s oppressive.
Document everything: date, time, their actions towards you and words they said, and then state how it made you feel. Collect as much evidence as you can – photos, recordings, your other neighbour’s stat decs about them and so on. Then file a APVO or conciliation or adjudication.
Jimmy, you are completely correct.
There is a lot rotten in the state of Queensland and the corrupt practise of selling MR to caretakers is just a part of it.
Next, we have the ”unlicensed” and ”unregulated” situation with body corporate managers (bcm) in Qld. These bcms are accountable to no-one except the committee. And bcms love a dummy committee who will go along with their lack of knowledge and let them handle hundreds of thousands of dollars but many are not qualified to do so. They move sinking funds to admin funds (against the Act). They defame and humiliate Owners in Minutes to try to shut them up when they speak out, and then they use Owners body corp funds to defend their mistakes.
Finally, they hire lawyers, to fight Owners who have spoken up with their own money!
Yes, there is a lot rotten in the state of Queensland.
Sanctuary, you can’t give up – there are still options.
Once you lodge adjudications they are there for all to see, and for the new caretaker to see before purchase. And they are sent out to all owners and once the facts are presented – owners may change their attitude.
We are happy to chat with you and offer support in our group at ‘Strata Owners Speak Out.
Link: www.facebook.com/groups/1830137970415314/about/
Hang in there.
Jimmy, A RAN is a Remedial Action Notice, which our Qld Commissioner advises we serve on service providers when they have breached the code of conduct etc.
Sanctuary, Please do not just accept that what is happening in your scheme cannot be changed. It’s definitely not OK!
You have the opportunity to lodge an Adjudication Application with the Commissioner at BCCM Qld. When you write it you need to state exactly what it going on and that the committee are ‘dysfunctional’ and must be replaced. You may have to ask to replace the BCM as well. Telephone the Commissioners information line on 1800 060 119 and get advice immediately.
Failing that we have free Community Legal Centres in Qld and each one of those solicitors can write letters for and on your behalf.
Next, we have a voice in ‘Strata Owners Speak Out’ (a Qld facebook group) and everyone can join that group and get support and advice from fellow body corp owners in Queensland.
Importantly, we must never, never, never give up!
Hi Leslie, I also have neighbours (tenants) that bang on walls. My neighbour is a drinker and invites teenage boys to live with him and they have also had a rubbish problem and so on. I engaged the free community lawyer who wrote to the caretaker and for now the banging has stopped. Also, the caretaker has made the neighbour clean up some of his mess, but unfortunately he is still there.
YES spmanager – email addresses should be part of the strata roll, as this is the ”industry standard” for 2018.
Our adjudicator made it clear and so has the lawyer, that the Body Corp roll belongs to the Body Corporate, not the Body Corp Manager. And unless the Body Corp Managers declare that the collection of records is for personal use, they are the ownership pf the body corporate.
It’s not the 1980s where people were using mailing addresses to contact people.
@JimmyT said:
”-if it took you three goes to get the strata manager to do what is standard practice and clearly set out in strata law, then you can see where a lot of your problems start and end.”
Last week in Queensland, the Gold Coast Bulletin published an article on a court case where 2 body corp members refused to hand over Body Corp Records, which was subject to an Adjudication Order. The committee member was fined $7,000 with $11,000 court costs and the Body Corp Manager was fined $4,000 with $11,000 in court costs.
That was fun listening! haha
I found it useful to go onto the Fire and Emergency department site in our state QFES and read the ‘fire and safety’ requirements.
In Queensland it is recommended:
1. Annual fire and safety audits conducted by QFES or licensed contractors.
2. Smoke Alarms (the electrical type)
3. Variations exist for different types of buildings.
Qld Site: qfes.qld.gov.au – building safety
Have you though of telephoning the Body Corp Commissioners Office and asking for their position on this?