Flat Chat Strata Forum Common Property Current Page

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  • #8935
    struggler
    Flatchatter

      As I sit and watch as one of my esteemed neighbours has workmen carrying out unapproved/unadvised renovations (has jackhammered the concrete slab – common property – this week) I wonder about our liability.  Not for the unapproved renos but because these workmen are on common property.  They are outside of this unit, in the open air and rain with their power tools, drop saws and angle grinders.  As I have noticed my many complacent neighbours just walk by with their blinkers on, I wonder if these workmen are injured – electrocuted or cut off a limb  – can they take action against the owners corporation?  Or can there be any liability to the OC if nothing is done or said to this owner?

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    • #19011
      Whale
      Flatchatter

        Struggs – yes they could and probably would if they regard the Owners Corporation (O/C) as an easier target than their “client”, but I’d be equally concerned about the contractors’ responsibility and/or that of your esteemed neighbour if some damage is caused to the Common Property or to the personal property of Residents.

        What happens if the contractors cut a water pipe that services more than just the Lot that they’re working on, or if they’re maneuvering an item of equipment and it impacts a resident’s vehicle or the window of a Lot?

        I have this battle every time one of my Proprietors renovates their Lot, where I insist on them seeking the Owners Corporation’s consent, using licensed and insured contractors, and if they’re intent on using their handyperson mates, then I want to see a their Owner Builder Contractors’ Insurance beforehand.

        I try to be reasonable particularly if the works proposed are minor, and I admit that I don’t insist on a Special Resolution AND a Special By-Law on every occasion, but if they won’t meet me half-way and then start works that could in the slightest way compromise the O/C, then I seek Interim Orders for a cessation of works.

        It’s just not worth the risk, and furthermore I know that when something goes pear-shaped I’ll all of a sudden be their best mate, who they’ll all be looking at to help sort it out! 

        No way ……. get onto your E/C and Strata Manager and insist that they get the mess under their control; right now!

        #19020
        struggler
        Flatchatter
        Chat-starter

          Thanks Whale for you input.  I thought as much.  I feel justified in my concern even if no one else is worried about it.  This situation is made even more concerning in the fact that the owner in question is not even on site whilst these tradies are carrying out this work.  So no one is supervising to ensure that common property is not only not used but not damaged.  And all the while the owners of this complex just walk by.

          This owner is a habitual abuser of common property and by law.  He has damaged and cut off plumbing on common property that services both his own and other units.  He has damaged common property himself by taking to it with power tools and angle grinders.  He has changed common property without permission and to the detriment of the structural integrity of the complex.  He has dumped building materials on common property and left it for weeks.  And has done again in this instance by telling his workmen to just leave their equipment on common property.  He is using his handyman/tradie mates.  He has used these people before.  He has asked them to sign official documents that state that the work they are carrying out complies with BCA and Aust Standards.  They didn’t.  He has dumped building materials in our common garbage bins, including concrete in the past.  Probably will again.  And he parks his truck on common property destroying that as well.

          There is building dust/waste around the common area outside his unit.  Will probably discolour the area. We will probably have to pay to have this area redone as he will probably complain about it.  He has an ample courtyard area in which to work in, as well as an ample garage.  But he wouldn’t want to damage his own property would he?

          Oh…..and he is on the EC.  And our SM will not reply to my emails.  He has indicated that if I continue to contact him he will charge for his reply. 

          At least I can tell the others, should it all go awry, that I tried to tell them and that I was right to be concerned.

           

           

           

          #19024
          struggler
          Flatchatter
          Chat-starter

            Have received correspondence from our SM on behalf of our EC.  It doesn’t mention power tools or workmen carrying out works on common property.  Nor does it mention parking in visitors car spots or in the driveway.  It is telling us how to park on the street.  I have already been in receipt of a note telling me how to park on the public street. 

            And another matter on the note.  Please fold up your cardboard boxes before placing in the recycling bin.  No mention of rubbish/building materials left on common property.  No mention of rubbish not wrapped up before placing it in the bin.  But fold your cardboard please.

            God help me.

             

            #19025
            kiwipaul
            Flatchatter
              struggler this lot owner seems to be taking advantage of the situation with the OC and SM being apathetic and just looking for a quite life ( in a legal sense)

               

              You can however take action yourself via conciliation and adjudication for his breaches of bylaws and ignoring the provisions of the Strata act.

               

              If he is making changes to common property (he needs EC approval and a bylaw requiring 75% in favor), parking in drive or visitor parking bays, damaging common property, obstructing common property, etc he can be taken to CTTT and be made to comply with the Act.

               

              Taking action against him you can list all his breaches going back years to show his unreasonable attitude and ask the Adjudicator to make him restore the property to it’s original condition, and desist from ignoring the bylaws.

               

              Even if the OC is apathetic if you explain to them that these changes without a bylaw mean the EC becomes liable for there upkeep might deter them from going along with this lot owner.

               

              A single case at CTTT can involve numerous different  breaches and he would have to defend them all.

               

              I know the SM or OC should be doing this but their is nothing to stop individual residents doing the same (cannot issue a NTC as only EC can do that).

               

              #19095
              struggler
              Flatchatter
              Chat-starter

                I give up.

                The latest from our esteemed informed EC is in regards to the security screen doors for each townhouse.  An existing feature, common property, the paint on these screen doors is peeling off in shards.  One flick with a finger nail results in an 8cm length of paint coming off.  My own screen door has half the paint missing resulting in exposed aluminium.  This is starting to deteriorate with a white powder substance evident on the surface.  

                The EC has finally, after three years of quotes, managed to get the exterior painted for the first time in 14 years.  In regards to the screen doors they have said we could just “touch them up” ourselves if this bothers us.  Well it does bother me in more ways than one.  Not only is it unsightly, but one cannot just touch up aluminium.  It is more involved than that.  One has to scrap off as much paint as possible, sand the edges of existing paint, wash down with sugar soap, rinse, paint exposed aluminium with an etch primer, then paint with a paint suitable for aluminium.  All on a screen door with an intricate pattern on it.  Easy!  Or you can put up with paint falling off every time you open or close the door.  What a welcoming sight when one has visitors with the peeling paint on the screen doors and adjacent balustrades framing the newly painted surfaces!

                Wouldn’t it be better and easier to get the doors either powder coated or replaced.  Getting all the doors done at once would be cheaper and if it is a matter of cost, a special levy to cover.  apparently not.  But our EC isn’t thinking about that or like that.  But we have to make sure we fold our cardboard boxes and be mindful of how we park on the street.

                Beam me up Scotty, there is no intelligent life here!

                 

                #19096

                Struggler,

                If the EC will not Act you should ensure that both matters are resolved at the next general meeting.

                Submit a written request for two separate motions to be added to the next general meeting:

                1. “That the Owners Corporation lodge an application in the CTTT for the owner (insert name) of lot (insert lot number) to reinstate the common property to its original condition due to the damage caused to common property by the unapproved renovations.”
                2. “That the Owners Corporation carry out their obligations under s.62 of the SSMA by way of arranging for the recoating/repainting of all common property security screen doors currently in a state of disrepair.”

                Let the EC deal with the trivial matters such as folding cardboard boxes but if the refuse to deal with the important issues then let all of the owners decide.

                P.S. You may wish to ask for a second opinion re the wording of the above motions to ensure they will be adequate for your purposes (I am not a lawyer).

                #19099
                struggler
                Flatchatter
                Chat-starter

                  Thank you so much just get on with it for your reply.  

                  Unfortunately I am alone in my thinking in this complex.  I have often stated elsewhere on this forum that the owners in this complex walk around with blinkers on believing that everything is OK.

                  The owner I have mentioned in this topic is the same one I have mentioned before in the past.  He has destroyed common property on numerous occasions.  When I was on the EC we got a strata lawyer involved.  The owners did not support this.  Thought it was  unfair that we “picked” on this owner and that we should have given him a chance. We gave him 9 months to rectify before contacting a lawyer.  We thought that chance enough.

                  I believe this idea about just touching up the screen doors was discussed at the AGM which I did not attend.  The owners here live in their own little world.  A world where they believe that they will never have to pay for anything because this is strata.  If I told you how little we pay in levies, despite an increase, you would be astounded.  I will say that I myself pay less than $2,000 a year.  If I had my way it would be about $2,500.  I can imagine everyone at the AGM just nodding their heads at the idea of touching up the paint on the screen doors.  Anything is better than paying more, isn’t it?

                  Yes I could take this further.  I have the knowledge and the support of those on this forum who have taken the time to reply and make suggestions.  But no one here is supportive.  Last time I tried to rally the support of an owner about the lack of maintenance in the complex, his big concern was that the garbage bins smelt.  Ah,  well that would be the unwrapped used disposable nappies I would think.  But no notice about that.  No one is up in arms about that.  Nor the peeling paint.  But don’t you dare not fold up a cardboard box before placing it in the recycling bin.

                  I find it embarrassing that people seek me out for advice on strata problems while I myself live in a complex that is dysfunctional and one step away from a dump.  I avoid strata discussions as much as I can now.  What can I offer when I have to sweep up the paint that drops off my screen door everyday.  The only support I get is on this forum.  And I am thankful of that.

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