While everybody is getting their tumble-dried knickers in a twist over the proposed changes to by-laws “allowing” laundry to be dried on balconies (provided it can’t be seen from the street), the real strata issues remain where they always are – in the too-hard basket.
The Office of Fair Trading has just published proposed revisions of the 2005 Strata Schemes Management Act for comment, and they include a change to by-laws on drying washing on your balcony.
It’s not a law – it’s a proposal to include a suggested by-law and it will only be your by-law if your building formally adopts it (which it could do right now anyway).
Meanwhile, regular readers of this column will know there is a huge problem in apartments with people ripping up carpets and laying down or exposing floorboards.
There are processes for remedying this but they are so stressful, lengthy and unreliable that the faint-hearted go out and buy earplugs or sell up, knowing the value of their property has been harmed, purely to benefit the people upstairs.
Having been swamped by readers’ emails, I wrote to Fair Trading Minister Virginia Judge last November, pointing out this problem affects both those who install inadequately insulated flooring and have to replace it as well as those who have to live underneath them.
She replied in February that she had asked Fair Trading to examine the best way of getting this information out there and added: “I am advised that these issues will also be taken into consideration during the review of the Strata Schemes Management Regulation.”
And the result is (drum roll) … nothing. Not a mention. No changes in the model by-laws, tightening of regulations, benchmarks for adjudicators or even information sheets on the website.
If you are or have been affected by this, why not email policy@services.nsw.gov.au and let them know what you think of this “oversight”. Meanwhile, you can find the proposed changes via www.fairtrading.nsw.gov.au/About_us/Legislation.html.
Email your strata questions to mail@flat-chat.com.au.
Wooden floors aren’t just a problem if they’re above you. You hear them below too. The selfish, inconsiderate woman two floors below us (on the ground floor) recently ripped up her carpet to discover a parquet floor which the previous owners had been made to cover due to noise, years ago. She’s refusing to cover it and we hear her prancing around in her high heels at all hours and we’re two floors above, remember. And as for the Office of Fair Trading, what a waste of space they are.
—Thom StinsonGood to see your comment, Thom. I share your views.
—Peter BurnsUpstairs Units are just as affected by floorboard noise as Downstairs. I am dealing with a particularly devious Owner, over noise pollution from his Unit.
Can anyone please advise me, do they read these documents the same way?
I have waded through the proposed Strata Management Regulation 2010(SMR)and Regulatory Impact Statement (RIS) and I am shocked at what I see as the blatant disregard of strata residents and misleading information. I have only included a couple of the numerous examples.
The Regulatory Impact Statement is meant to advise the Minister and it is littered with misleading statements e.g. “The by-laws also provide clarity and certainty for owners corporations and lot owners.”
“Impact on consumers (owner or occupier) There will be some costs to consumers as a result of the provisions of the proposed Regulation. However, significant benefits will be derived from greater certainty regarding procedural matters, enhanced transparency and accountability in the overall operation of strata schemes and the provision of an accessible and affordable dispute resolution framework.”
The new Model by laws 1 and 14 are unchanged but a new by law 13 is amazing can any one tell us what (2) means?
“13 Changes to floor coverings and surfaces (1) An owner or occupier of a lot must notify the owners corporation at least21 days before changing any of the floor coverings or surfaces of the lot if the change is likely to result in an increase in noise transmitted from that lot to any other lot. The notice must specify the type of the proposed floor covering or surface.”
(2) This by-law does not affect any requirement under any law to obtain a consent to, approval for or any other authorisation for the changing of the floor covering or surface concerned.
How many will admit they were “likely” to inflict noise upon their neighbours?
—Janet