There are a couple of hardy perennials in our Forum garden this week; complaints that are so commonplace – both in their spread and how often they come up – that Fair Trading, or its equivalents in other states, could really do to issue clear guidelines.
The first is about a land grab where the owner of a townhouse has built a fence around common property gardens adjacent to their home.
Not only has this been done without permission, it’s been allowed without compensation to the other owners for what is a blatant land grab.
Now, to many people unfamiliar with strata, the idea that the bit of land nearest to their home can be used by anyone and everyone else in the development must seem preposterous.
And it may be that others can’t actually use it or wouldn’t want to. There may be by-laws in place about children playing ball games or families putting out sun-loungers that would prevent it anyway.
Even so, one owner has enhanced the value of their property by taking land away from the common holding. Should they be required to either get a by-law about maintaining the property and pay reasonable compensation? Or should they be told to take the fence down? You’ll find the discussion HERE.
Another old favourite is about new owners who have ripped up carpeting and laid down hard flooring that’s now driving the downstairs neighbours nuts.
In this case, the scheme’s by-laws require the carpet removers to get an acoustic test if another resident complains after the floors go down but they have failed to do so and ignored a Notice To Comply requiring them to get it done.
So what can the downstairs neighbours do? The situation is so bad that they are seriously thinking of selling the home that they love – but who’d want to buy a flat that’s subject to constant noise from upstairs? That’s HERE.
Generally speaking, it’s long overdue that Fair Trading, Consumer Advice Victoria and the Body Corporate Commission in Queensland started getting serious about these issues.
It’s all very well for them to point to strata law but give no useful advice because, they usually say, they can’t get involved in individual cases. Okay, but there should be clear warnings to owners that they can’t just take over common property or lay down noisy flooring without consequences.
But more than that, tribunals should be encouraged to award costs against owners who have been told they are probably in the wrong, but who fight their neighbours at the Tribunal anyway and are then proven to be in the wrong.
This might prevent land-grabbers and carpet-lifters them from just digging in their heels hoping they can wear their “victims” down.
You can’t just take over common property and you can’t just lay down noisy floors and expect to get away with it. Clear directives with real consequences would fix these problems faster than you could rip up carpets or build a Colourbond fence..
Elsewhere on the Forum
How can I make my storage cage more secure? That’s HERE.
Why does every different purchaser have to pay for a strata report? That’s HERE.
Cat owners breaching their pet permission but committee too scared to take action. That’s HERE.
Fears over defect claim as deadline draws closer. That’s HERE.
Can the committee negotiate the terms of a lease for use of a common area AFTER the permission has been approved? That’s HERE.
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