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Can the strata ignore your complaint about noise and wanting common property to make adjustments to noise problems eg Doors/air conditioning systems..
As I made a complaint earlier this year for some complaints about noise to be tabled at next monthly strata meeting, and they ignored me and didn’t reply to my complaint, and I don’t think they even put it on the table.
Can the Strata/Strata committee just ignore your complaint? Knowing full well this will come up in mediation that they just ignored a common property complaint eg duty of care to residents/safety issues/negligence ignoring matters..
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Under section 232 (2) of the strata Act you can take the owners corp to obligatory (for you) mediation, then NCAT, for failure to fulfil their statutory obligations.
Check back on your strata committee’s minutes to make sure they didn’t discuss it, but either way you have grounds to at least claim your requests have either been ignored or rejected.
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.
Apparently they can ignore your requests and motions you may put to your committee for their monthly meetings, but they can’t ignore a Motion you put up for an AGM. The former is your committee getting underway in the way they best see fit, the later is the owners agreeing, or not, on something that the committee will be expected to undertake. So if your AGM, or you are aware that a EGM, is planned soon you might like to try going that way.
Flame Tree said: “Apparently they can ignore your requests and motions you may put to your committee for their monthly meetings but they can’t ignore a Motion you put up for an AGM…”
If you read section 232 (2) of the Act, apparently they can’t ignore any formal requests without the potential for retribution. If you send a letter and they don’t respond, or they deny your request, the door is open for action at NCAT (provided they are neglecting their responsibilities under the Act).
Sending an item for inclusion on an agenda, which is then denied, ignored or not even put on the agenda, is no different. You still have to take action. There are no StrataKops who will roar in and sort it all out.
You’re not wrong, but I can’t see the difference in how it might play out.
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.
My point being I guess that, in Qld, you can put your request to them ideally for consideration at their next meeting but they are not required to respond in the way you want/demand. You should though clearly outline what the issue is and what the response may be, including quoting legislation if you know it, price quotes or supporting info to help make the decision more obvious and easy but they dont need to do it your way. They do need to uphold legislation though but they may have other plans or priorities or whatnot you may be unaware of.
Yes, that’s Queensland. The OP is probably in NSW.
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.
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