Forum Replies Created

Viewing 15 replies - 1 through 15 (of 149 total)
  • Author
    Replies
  • in reply to: Stuff strata reform – give us a revolution! #72188
    Ziggy
    Flatchatter

      I tell you where we need a revolution: a dramatic change in strata lawyers’ fees. They’re opportunistic and  expensive. Recent experience also involved my writing their proposals. Owners Corporations should not be forced to fork out excessive amounts of money with little evidence that their case will be successful.

      The revolution: the OC pays lawyers only if they win.

      Ziggy
      Flatchatter
      Chat-starter

        Happy New Year! Or is it? This saga continues with still no resolution. Jimmy, can the following be done? The OC goes to NCAT under Section 147 To impose monetary penalty for contravention of a By-Law and at that meeting also raise Section 120(4) Work required to be carried out under order. (Is 120 the appropriate section?)

        In other words, seek penalties for ignoring our Bylaws AND then ask the NCAT member if the OC can remove the illegal commercial signage and replace the damaged hedges? BTW both are outside the lot (property) concerned as they are on common property areas.

        in reply to: How to have a party without being an animal #72056
        Ziggy
        Flatchatter

          No way, Jose! We love our BBQs! Sitting outside, sipping wine, chewing the fat, so to speak! Clean up is simple: just use vinegar! No nasty wire brushes.

          in reply to: How to have a party without being an animal #72035
          Ziggy
          Flatchatter

            Jimmy, Jimmy, Jimmy! Please rewrite your comments about cleaning BBQs! Residents in strata should never, ever clean the barbie with a wire brush. My partner was a hairs breath away from dying after eating a spatchcock bone and getting sepsis. It took them 15 months to recover from the complications. The specialist said that sepsis was common, not from small bones, but mainly from the wire in BBQ brushes!

            in reply to: Installing a chair lift #71976
            Ziggy
            Flatchatter
            Chat-starter

              Thanks Jimmy. The chair lift is attached in two places to a common property wall. Therefore, shouldn’t the owner be required to have a Bylaw written and seek owners approval at a general meeting?

              I had to get a Bylaw written to attach an awning to the common property fascia of the roof. It only had two sections where it was attached as well.

              Ziggy
              Flatchatter
              Chat-starter

                As the recalcitrant bylaw breaker has completely ignored legal instructions and NTCs, can the strata committee take advantage of the following: Section 120 of the SSMA ie the owners corporation may carry out work required to be carried out by others. In this case remove unauthorised commercial signage on common property floor to ceiling windows and replace a a common property hedge destroyed by this lot owner?

                in reply to: Forum: Can an unseen screen alter ‘appearance’? #71931
                Ziggy
                Flatchatter

                  I wanted to put an awning on my balcony that was attached to the common property roof. No you can’t was the SC’s response. You can’t because it would drip on the units below when raining. If I wanted one, I would have to create a bylaw and follow the council’s rules about size and visibility. Guess what, no one can see it as it’s 4 metres from the edge of my lot! Nowhere near anyone else’s property . So I wrote my own bylaw and had it voted on. Now I have the awning.

                  Ziggy
                  Flatchatter
                  Chat-starter

                    Thanks Jimmy for your patience. I’m not ignoring your advice (why would I), I’m trying to convince the SC that we need to go to NCAT. They just want to live happily ever after and ignore any breaches of our Bylaws.

                    Ziggy
                    Flatchatter
                    Chat-starter

                      OK. What about Section 122 of the SSMA, which states the OC has the power to enter property to carry out work.

                      So the miscreant is refusing to remove illegally affixed signage on the outside of common property windows and has also destroyed a common property hedge to further advertise their commercial business.

                      Can the OC remove the signage from the ceiling to floor windows and can they replace the hedge with like for like?

                      Surely that would avoid going to NCAT.

                       

                      Power of owners corporation to enter property in order to carry out work

                      Ziggy
                      Flatchatter
                      Chat-starter

                        Now, there’s a new twist in the tale, or is that tail? Our lawyers are saying under Section 227 of the Strata Schemes management Act 2015 that the parties must participate in mediation before applying to Tribunal seeking orders to enforce the by-law(s).

                        But the Notice to Comply form states that if the owner does not comply with the bylaw, the OC (SC?) may apply to NCAT to impose a monetary penalty on them.

                        Now what?

                         

                        Ziggy
                        Flatchatter
                        Chat-starter

                          Thanks all for your sage advice. NTCs have been issued but have been ignored. So, I dread all the paper work involved in going to NCAT,  perhaps AI can help!

                          As another wise person once said: The standard you walk past is the standard you accept.

                          Ziggy
                          Flatchatter
                          Chat-starter

                            BTW Jimmy, when you say “Any owner in the building can pursue complaints about by-law breaches (through the mediation and tribunal system)” does that mean they have to go to Fair Trading first. I thought you could go directly to NCAT if NTCs have been issued.

                            Ziggy
                            Flatchatter
                            Chat-starter

                              Despite legal letters and threats of Notices to Comply, the miscreant Bylaw breaker continues unabated ignoring all warnings. And now, the Secretary of the Strata Committee, who has worked hundreds of hours on this matter, has had enough and threatens to resign from the SC.

                              The committee has contributed little to solving the matter and doesn’t want to pay lawyers to go to NCAT. So who can take the owner responsible to NCAT? And do they need lawyers involved?

                              in reply to: Saving lives not levies on old balcony balustrades #71395
                              Ziggy
                              Flatchatter

                                Hi Jimmy, where are we up to re illegal height balustrades? Can just one owner get their balustrades up to current BCA standards or does it have to be all owners?

                                My balustrade is 850mm high with a 10mm gap (foothold) 350mm from the balcony floor. It frightens the you know what out of tradies and friends who come visiting.

                                Some illegal height balustrades have been replaced; some are 900mm.

                                FlatChat doesn’t allow for photos does it?

                                Ziggy
                                Flatchatter
                                Chat-starter

                                  Just an update. The Strata Committee is holding a properly constituted meeting this week re the issuing of NTCs AND they have also got Bannermans, the lawyers, involved.

                                  Next stop NCAT, I presume. Who on earth would live in Strata Land! Only those who love being kept awake at night!

                                Viewing 15 replies - 1 through 15 (of 149 total)