kiwipaul

This is one of the many problems with Strata life. The Strata have owners corporation has a duty to enforce the bylaws but unless someone volunteers to pursue the case it is generally left up to the complainers.

The Strata Executive Committee could vote to support the owners who wish to proceed to conciliation to give them moral support but if the Strata EC asks the SM Strata Manager to initiate conciliation they will charge the Strata Owners Corp a fortune (at least $5,000 I was quoted many years ago because it’s time consuming getting everything right).

Also the lot owners affected will have far more interest in presenting a case than a SM Strata Manager who is only in it for the money and so is less likely to succeed and the cost should be less than $200 if they DIY.

Their is nothing wrong with creating a new bylaw but it is a bit of overkill IMHO.

Just vote at the next GM by a simple majority to engage contractor xx to clean all windows and remove cobwebs every x months at a cost of $x. This leaves control with the Strata whereas if you create a bylaw the Strata is obliged to continue cleaning the windows until bylaw is revoked via a 75% vote.

Or ask which owners would like to participate in paying a contractor to clean their windows and just these owners pay rather than the Strata.

@Iain said:
 I cannot be compelled to do this work (at my own cost) and if the Owners Corporation decides that they want to do it in order to keep the look of the building consistent,

I think they must be pulling your leg because if they wanted to keep the look of the building consistent they wouldn’t be allowing a patchwork of enclosed and unenclosed balconies (must admit I don’t know what a horizontal spandrel is even though I’ve goggled it but I’m still no wiser).

They cannot force you to make any changes and any changes others make needs to be approved by a Strata vote of 75% in-favor and a bylaw registered such that the cost of the installation and upkeep is met by the owners who make the upgrade.

They can pass a motion with 75% in favor to enclose ALL the balconies and for the cost to be borne by the Strata, so it depends if 75% of the owners are in favor of enclosing the balcony. I’m not to sure what would happen if 75% voted to enclose all the balconies but some refused to have it done.

Strictly speaking if you have a functioning bathroom with no leaks (even if it’s 70 years old) their is no requirement for the Strata to update to the latest building standards this is only required for new builds or refurbishments.

Sounds to me like you want to refurbish the bathroom and get the Strata to pay most of the cost. I believe a compromise is called for like Whale says. Strata redo the waterproofing and you pay for the installation of new bath and tiles.

I believe Strata would be within their rights to refuse to do anything and insist you pay for the refurbishment in total as well as a bylaw making you responsible for the future repair and maintenance of said waterproofing.

How have other within the complex handled this and are their any Special Bylaws registered for previous upgrades by others.

Surely the first question to ask is Does it require council approval

If it does before anything else this approval needs to be obtained. The Strata shouldn’t doing anything to an illegal structure except maybe removing it.

I’d also get a copy of the Strata plans and bylaws from the NSW Lands dept to make sure the plans you are looking at are the same as those registered.

I bought my townhouse 13 years ago and the documents provided to me by my solicitor were not the ones registered with the QLD gov and this only came to light over the last 12 months due to an Adjudication case. Not sure if the other owners doc are correct or not but the SM had the wrong ones as well.

Well forget the insurance as this is a failure to maintain the building structure by the Strata and the insurance won’t want to know. You might have a claim against the previous owner but you def have a claim against the strata for damage to your property due to its failure to maintain the structure in a watertight condition.

Your first port of call would be to engage your own expert to tell you why it’s leaking and where it’s coming from and how it can be fixed.

Also immediately ask the SM to call an EGM to discuss their report and what the Strata is going to do about it and that unless action is taken within x days you will be starting legal action against the Strata.

If this results in no action you then have to go to NCAT to force the Strata to reimburse you and carry out the repairs. I’m not sure if you can skip conciliation and go straight to Adjudication someone else might be able to advise here.

Also contact the health dept if they deem the house a health hazard in it’s present state they might order you to move out and the strata would be liable for these costs as well.

Is this a townhouse or ground floor apartment and isn’t it affecting other owners if it is coordinate with them.

Assuming the garage doors face the common driveway then they are common property and the responsibility of the Strata (even the opening mechanism and motor).

So not only would you need permission you would also require a bylaw transferring responsibility of the ongoing maintenance to your lot approved by a special resolution (75% in favor).

I don’t have a problem with the intention of the act I have a problem with how people are interpreting it because it is so badly written (it’s not just bylaws that are badly written).

It doesn’t clearly define what sort of locking device complies, the only criteria is that the window cannot be opened more the 12cm which a normal security lock complies with (in locked position opening is 0cm) so how does this device not comply.