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I own a unit in a block of 17 here in NSW. There is a “shared” laundry that can only house around 4 washing machines and dryers. The laundry is full and I have been advised by the Executive that I have to go on a wait list to access the shared facility. There are no bylaws setting out rules for access to the laundry. Can the Executive make such a unilateral decision?
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snobl – Hmmmm. Something doesn’t sound quite legit here – you could be being told something that isn’t correct!
From the information that you have provided I do not believe that the EC can make such a decision. Decisions regarding common property involve Special Resolutions at General Meetings. This Special resolution should be followed up with a By-law or the Special Resolution has no effect see SSMA 2015 [s108(5)].
How is this area marked on your strata building plan? Is it common property?
If it is common property then who owns the washing machines and dryers? Are they owned by individual owners or are they owned by the strata scheme?
If they are owned by the individual owners then who gave the owners the authority to install these machines and use common property in this way?
Who is paying for the electricity and the water utilities for these machines? Are the 4 owners who have installed their machines in this area paying any lease or license fee to use this space?
If the machines are owned by the strata scheme then a roster of use should be formulated so that all owners and/or residents are able to access the machines via their designated access time – perhaps in 2 hr time blocks per owner per washer and dryer.
The ‘shared laundry’ (i.e. communal laundry) would most probably be common property. In the absence of any lease or license over the common property space by the 4 Lot owners then all Lot owners own the common property. Generally, a shared laundry contains machines that are owned and maintained by the strata scheme as they are common property assets. These assets are able to be used by all residents of the scheme.
I would be asking the EC to show you any documentation that proves that you cannot access this area for the purposes of washing and drying your laundry. You may need to resolve this issue by seeking Mediation with your EC via Fair Trading.
PS is 100 per cent right on this and it’s a much more common occurrence than you would think. It starts in an older building that had a common laundry (and we are talking coppers, sinks and wringers) then the first person to buy a washing machine put it in there, then the second and then there was no room for any more but the concept of Buggins’ turn rather than common property prevailed. Meanwhile, often the washing machine owners would be using electricity supplied by the owners corp.
I know this becasue it happened in a building where I used to own a flat.
There is a very simple solution but it will take a bit of wrangling to get to it.
Firstly, you have to persuade the incumbent owners that they are taking unfair advantage of everyone else. This may not work.
Then you have to convince them that it is relatively easy to take this to the tribunal and force them to remove their washing machines from common property and pay back a share of the electricty they have used at everyone else’s expense.
Now this might get their attention. This will be signalled by huffing and puffing, not to mention shouting and swearing – but you have made progress.
So then you sit down and try to work out a compromise so that anyone who wants to use the laundry can do so and pay appropriately for the privilege.
The simplest solution is to get two credit card or coin operated washing machines and dryers installed. I believe modern versions work on swipe cards too, removing any security concerns. Just Google coin operated laundry for strata and the names of half a dozen firms will come up.
The only remaining problems are the machines owned by the laundry squatters. Preferably, you would leave it to them to remove and dispose of as they wish. Or the owners corp could buy them off them at a nominal price and recoup some of the money by selling them to a second-hand whitegoods dealer.
What you don’t need to do is accept the status quo. The phrase or even concept of “we have always done it this way” does not appear in the strata laws or regulations.
It’s one of those situations where, even if the committee doesn’t want to change, you can get orders at NCAT to force them to abide by strata laws and regs. The only question they have to answer is this: do they want to do it the hard way or the easy way – because either way, it will be done.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
Thank you PS and Jimmy T, I will follow your advice and hopefully the equity principle will prevail.
Hi,
If bylaws are not in place to explain the common laundry use in the complex, I suggest a special meeting be held between the major stake holders of the complex and create one. And circulate a copy to all residents of the property and post on sign board.
The EC member can’t decide on such matters without the consent of the majority.
Yours Sincerely,
Digby
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