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27/09/2024 at 9:51 am in reply to: Work Health & Safety issues in strata buildings with commercial income #76297
Can anyone answer the question regarding the responsibility of the Strata Committee to insure that every resident is safe from accidents that are common property.
For instance, illegal height balustrades, scalding hot water, mould from water ingress, doors that slam so hard they injure people etc.
Quick question. Was the balcony enclosed? In other words, did the owner enclose the balcony with a by-law approving that the owner can do this? Then couldn’t the owner retile it as desired. But. That means they are now responsible for any leak.
This leads so another question. What if an owner replaces a legal height balustrade without a by-law in a genuine desire to save lives of small children? Do they have to remove it?
And does it allow an SC to hold a meeting without notifying all owners? Then act on a motion that hasn’t been presented to owners. Then decide that an owner who is in breach of a number of owners be allowed to ignore that breach. Then, elect this miscreant at an AGM to be on the Strata Committee? Even though they are not an owner?
Like the majority of issues around strata, the end result is always NCAT. This is lunacy. We need to have a Strata ombudsman/woman. Skip wasted time at Fair Trading and get some heavy duty dude to make a ruling.
I can’t tell you how many rules are broken every day by SC members and/or Strata Managers. Why bother even having rules?
There is a Latin saying: caveat emptor! Which means “buyer beware”. The property can be sold with multiple defects without the new owner knowing and the vendor not revealing this.
I tell you where we need a revolution: a dramatic change in strata lawyers’ fees. They’re opportunistic and expensive. Recent experience also involved my writing their proposals. Owners Corporations should not be forced to fork out excessive amounts of money with little evidence that their case will be successful.
The revolution: the OC pays lawyers only if they win.
11/01/2024 at 10:32 am in reply to: What do you do about an owner who ignores all your by-laws? #72147Happy New Year! Or is it? This saga continues with still no resolution. Jimmy, can the following be done? The OC goes to NCAT under Section 147 To impose monetary penalty for contravention of a By-Law and at that meeting also raise Section 120(4) Work required to be carried out under order. (Is 120 the appropriate section?)
In other words, seek penalties for ignoring our Bylaws AND then ask the NCAT member if the OC can remove the illegal commercial signage and replace the damaged hedges? BTW both are outside the lot (property) concerned as they are on common property areas.
No way, Jose! We love our BBQs! Sitting outside, sipping wine, chewing the fat, so to speak! Clean up is simple: just use vinegar! No nasty wire brushes.
Jimmy, Jimmy, Jimmy! Please rewrite your comments about cleaning BBQs! Residents in strata should never, ever clean the barbie with a wire brush. My partner was a hairs breath away from dying after eating a spatchcock bone and getting sepsis. It took them 15 months to recover from the complications. The specialist said that sepsis was common, not from small bones, but mainly from the wire in BBQ brushes!
Thanks Jimmy. The chair lift is attached in two places to a common property wall. Therefore, shouldn’t the owner be required to have a Bylaw written and seek owners approval at a general meeting?
I had to get a Bylaw written to attach an awning to the common property fascia of the roof. It only had two sections where it was attached as well.
18/12/2023 at 9:27 am in reply to: What do you do about an owner who ignores all your by-laws? #71939As the recalcitrant bylaw breaker has completely ignored legal instructions and NTCs, can the strata committee take advantage of the following: Section 120 of the SSMA ie the owners corporation may carry out work required to be carried out by others. In this case remove unauthorised commercial signage on common property floor to ceiling windows and replace a a common property hedge destroyed by this lot owner?
I wanted to put an awning on my balcony that was attached to the common property roof. No you can’t was the SC’s response. You can’t because it would drip on the units below when raining. If I wanted one, I would have to create a bylaw and follow the council’s rules about size and visibility. Guess what, no one can see it as it’s 4 metres from the edge of my lot! Nowhere near anyone else’s property . So I wrote my own bylaw and had it voted on. Now I have the awning.
24/11/2023 at 10:20 pm in reply to: What do you do about an owner who ignores all your by-laws? #71573Thanks Jimmy for your patience. I’m not ignoring your advice (why would I), I’m trying to convince the SC that we need to go to NCAT. They just want to live happily ever after and ignore any breaches of our Bylaws.
24/11/2023 at 6:25 pm in reply to: What do you do about an owner who ignores all your by-laws? #71564OK. What about Section 122 of the SSMA, which states the OC has the power to enter property to carry out work.
So the miscreant is refusing to remove illegally affixed signage on the outside of common property windows and has also destroyed a common property hedge to further advertise their commercial business.
Can the OC remove the signage from the ceiling to floor windows and can they replace the hedge with like for like?
Surely that would avoid going to NCAT.
Power of owners corporation to enter property in order to carry out work
23/11/2023 at 11:20 am in reply to: What do you do about an owner who ignores all your by-laws? #71516Now, there’s a new twist in the tale, or is that tail? Our lawyers are saying under Section 227 of the Strata Schemes management Act 2015 that the parties must participate in mediation before applying to Tribunal seeking orders to enforce the by-law(s).
But the Notice to Comply form states that if the owner does not comply with the bylaw, the OC (SC?) may apply to NCAT to impose a monetary penalty on them.
Now what?
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