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I seem to recall reading that an EC had to give notice if any chemicals were to be used in the complex. Is that correct? And if so, how much notice do they need to give? Cheers
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I can’t recall any specific regulation about this but there is a Safe Work Australia code of conduct that says anyone using hazardous chemicals in a workplace has to check with the manufacturer about correct safety procedures. This will legally apply to some strata plans but not all of them.
Beyond that, the owners corporation has a duty of care to residents that would generally apply to the use of chemicals and the same safety measures would make good sense and may well be applicable legally.
You can find the workplace safety code of conduct HERE.
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.
Yes you do, at least for pest treatments. Five days notice is required, refer here:
https://www.environment.nsw.gov.au/resources/pesticides/07225multioccupancy.pdf
Not sure re other types of chemicals, but I would err on the side of caution, as Jimmy says, there is general duty of care.
Struggs, it sounds to me like the note that you were given doesn’t meet the requirements of the “Notice” that’s required to be given under the NSW Pesticides Regulation 2009 (see link in Scotty’s post #3), and that alone could lead to a max $44,000 fine against the Owners Corporation!
However as your post mentions that the contractors were “cleaning” (common property?) it’s unlikely that activity would be covered by the Regulation but it’s indeed possible for caustic cleaning products to adversely affect plants.
I’m not sure about holding your Executive Committee (E/C) responsible for giving inadequate notice; after all what’s adequate notice in these possibly un-regulated circumstances?
However your E/C and/or the Strata Manager (S/M) is responsible for ensuring that the cleaning contractors were properly insured (e.g. public liability), so firstly approach them (E/C and/or S/M) in order to inform them of the damage and to ascertain the details of insurance coverage.
The activities of the contractors resulted in the water ingress to your townhouse and the subsequent damage to your property (photos?), so in my opinion the chain of liability goes to the contractors in the first instance, to their insurers if they have one, and to the E/C and/or the S/M if they didn’t engage the services of a properly licensed (?) and insured contractor.
Secondly, I’d get in touch the contractors as they’ve requested to in the first instance ascertain what chemicals they’ve used, secondly to inform them of the damage that their past activities have caused, and lastly to obtain some assurances about how they’ll ensure that no further damage occurs if you allow them access to your courtyard.
Struggler,
You have to assume that you are not alone in this and with that in mind, it may be time to get rid of your Executive Committee and strata manager and, if the owners won’t vote them out, apply to have a Strata Manager appointed by the CTTT, especially since you have reported in the past about the lack of any desire to get involved by other owners.
I deliberately chose not to use the word ‘apathy’ because that implies people don’t care. In your case, as in so many others, owners do care but not enough to get involved in doing any work themselves.
So I would be sending round a letter to all owners informing them that the poor management of your strata scheme is costing them time and money. The bleach killing the plants is just the most obvious example.
In your letter, you should point out how easy it is to organise these things – if you have the will or basic nouse to do so.
For instance, in the case of the painting, at the EC’s request an efficient strata manager would have worked out how long it was going to take to paint each unit and then given owners a phone number to book their times on a first come, first served basis. Someone in their office would have a grid and all the names and phone numbers of owners would be slotted in to vacant time slots.
Owners who called but couldn’t make any of the available time slots would be given the opportunity to organise another time slot on a catch-up day. Owners who didn’t call would be told they would have x days in which to organise a time at their convenience but there would be a special call-out fee to bring the painters back to the complex.
This is not rocket science and it’s a system that’s used in strata plans all over Australia every day.
Why, you should ask your owners, should you have to put up with third-rate service which is a false economy because the EC is incapable of doing the most basic tasks and the strata manager is no help. It is time for the owners to clear out the EC and take control themselves. Failing that, you will be applting to the CTTT for the statutory appointment of a strata manager
I would also inform them that Statutory Strata Managers are notoriously strict in their implementation of the law – they won’t cut corners and they will charge top dollar. Even so that is better for the building than a culture of saying nothing and doing less.
You could try to organise a meeting of like-minded individuals but you should be prepared to follow through on any threats to go to the CTTT iof you make them.
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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