ANSWER: You don’t have to wait until your landlord does something about this (although there are ways you can compel them to take action).  You have the same rights to peace and quiet as an owner so the simplest answer is to go directly to Fair Trading and ask for a mediation followed by an application for a Notice To Comply with by-laws to be issued to your obnoxious neighbour.

Don’t forget that if they are playing loud music after 10pm on week nights (midnight at weekends) you can call the police.

Read all about your rights to a peaceful life HERE.

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Last week I came home to find him in the unit. OK, I have to say he was fixing a light fitting that I’d asked him to repair (although he didn’t say he was coming round to do it).

I want to change my locks so he can’t just walk in.  Am I allowed to do this?  I won’t feel safe if I don’t. – JessRabbit, Marrickville.

ANSWER:  Unless you have an order from the CTTT to say otherwise, you can’t change the locks without giving the landlord a key within seven days.

However, if  the landlord isn’t coming round while you are out, how is he going to know that you have changed them?

It’s a breach of your lease but if you really don’t trust him and you don’t want to move you could change the locks and have a spare key ready to give him if he really does need to get in.

But first, go to tenantsNSW.org.au HEREand download Factsheet 7 which explains your rights and obligations in detail.

In Queensland go HERE or HERE.  In Victoria go HERE or HERE.

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We see them both in PJs, nighties and smalls; him with no top on is one thing but the sight of a 70-year-old woman in her leotard is not for the fainthearted.

They also leave their door open – for the breeze and the chance to stickybeak.

Is there anything that might be done to suggest they might behave with a bit more dignity? – LD, via Flat Chat Forum.

ANSWER: The closest by-law I can think of is the one about being appropriately dressed on common property … but this isn’t CP. So I’m thinking a quiet word with the landlord about installing net curtains – and offer to split the cost if need be.

Failing that, the widows are common property … maybe a one-way reflective film on the outside might be the answer. But a hint to the landlord about THER responsibilities wouldn’t go amiss.

Read all the naked truth – and bare your soul on the issues – HERE.

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QUESTION: I need to re-do my bathroom and kitchen but my strata has a special by law outlining about a million things to be done prior to the work beginning.

This includes submission of plans  and obtaining written consent.  How much power does the EC have over my renovations? Can they refuse if I am replacing the kitchen and bathroom?

The by-law also states that work must be carried out during the hours and days specified by local council however not before 8 or after 5 and no work on a Saturday, Sunday or public holiday?  Can they restrict the hours if it contradicts Fair Trading regulations? – RenoMan, via Flat Chat Forum

ANSWER: You may think the by-laws are too restrictive, but your neighbours will want to be sure you aren’t putting a bathroom over someone’s bedroom, the work is compliant with Australian Building Standards and they get peace and quiet at weekends, early mornings and later at night.

By-laws legally can’t be contradictory to existing laws and, unless they are invalid in that way, they operate on top of state and council restrictions.

They are only there because owners have collectively agreed on them (or don’t disagree with them enough) and the reason fairly restrictive ones are in place is often because renovations in the past have made residents’ lives a misery.

It raises the whole question, though, of whether DIY renovations are appropriate for apartment blocks.  Sure, it’s cheaper (and there’s personal satisfaction) but professionals will get the job done quicker, more efficiently and in the permitted hours.

Is this another home owners’ right  you shouldn’t have to waive when you buy into strata? Is it fair for you to enhance the value of your property at the expense of your neighbours’ peace and quiet?

The debate is raging HERE

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They will have to “find another ambulance to chase,” Mr Roberts told the Australian Financial Review, commenting on developers’ claims that the reason apartment block development had slowed in NSW was because of the cost and disruption of legal actions over defects.

“The banquet is over,” added the Minister. “I’d rather see money put into quality construction and rectifying faults than putting money into the pockets of lawyers,”

Good thinking, sir! That’ll teach those pesky legal eagles not to … um … defend our rights.

But setting aside the “well, d’uh!” point that if there were no defects in the first place there would be no claims, are they honestly such a big problem?

Developers say they don’t have this issue anywhere else.  Really?  If that’s the case, why then has strata home building in NSW dropped by less than half the national average in the past year, according to Strata Community Australia, the strata managers’ organisation.

It doesn’t make sense. Does the Minister honestly plan to remove the last vestige of consumer protection from high-rise apartment buyers? There is no building warranty insurance for apartment blocks over three storeys high, so legal action is the owners’ only option when developers refuse to fix their defects.

We can’t even choose to do nothing; apartment owners have an unlimited legal obligation to maintain and repair common property, regardless of who’s at fault.

Are we being too harsh?  Perhaps the minister plans to set up a system whereby truly independent surveyors decide what the defects are and how much it should cost to fix them.

Maybe … maybe not. He’s already reduced the claim period for non-structural defects –  like loose balcony balustrades, sagging ceilings and badly fitting windows – from seven years to two.

You know, there are some very good developers out there, building great apartment blocks. They shouldn’t have to compete with construction cowboys who’ve been given a licence to build slums.

Read JimmyT’s  full -analysis of the issue here. Join the conversation and read other views HERE. Read the original Financial Review story HERE.

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But the agent said there was no need for the previous tenant to have steam-cleaned the carpet and we had agreed to accept the flat in the state it was in, so ‘tough’. How do we get the money back? – NewBroom, Bondi.

ANSWER:  You don’t.  The landlord doesn’t have to hand over the apartment in pristine condition; they only have to ensure the premises are “reasonably clean and fit to live in when you first move in,” according to a Tenants NSW fact sheet.

Fair Trading goes even further and says you shouldn’t sign a lease that says you have to have the carpet professionally cleaned when you leave, unless you’ve agreed to that as part of a condition to allow you to keep a pet on the premises.

It’s all about your definition of ‘reasonably clean’ and if you thought it wasn’t, you should have said so before you signed up.

Find out more about your rights to a clean rental home in Queensland HERE and in Victoria HERE.

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One is a sliding door that doesn’t shut fully. Rain gets through and is causing constant mould growth even the gap being plugged as best as possible with towels.

Another problem is rain leaking into the house from an upstairs balcony.

The real estate seems genuine but I’ve had issues with them dragging feet before. Strata are known to be useless. I just want to know who needs to do what and make them do it – Vladyi, via Forum.

ANSWER: The key issue is that the Owners Corporation has an absolute legal responsibility to fix common property – no limits and no exceptions. Your rental agent should know this.

You can either take your landlord to Fair Trading and get an order forcing them to demand that the Owners Corp fixes Common Property – that will cost about $35. You would start that process by going to the Fair Trading website related to rental disputes

Or you can take the Owners Corp to the CTTT yourself, which costs about $75 but at least you’re cutting out the middle man. You’d start that process by filling in a form for mediation which you will find HERE for NSW. Or call Fair Trading on 13 32 20 to get the ball rolling.

Read the full story and have your say HERE.

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QUESTION: I own a unit in a very large block where the caretaker has a 25-year contract. The previous executive looked through the caretaker agreement and identified various activities that were not being performed.

The caretakers then obtained proxies and used this to vote out the previous committee and got one of themselves elected to the committee, with the intent to continue their merry way without owners interference.

The strata manager does not see an issue with this as they are not voting on giving themselves a direct benefit. Do we have any recourse or we have to get all proxies cancelled and vote them out at the next AGM?

ANSWER:  Firstly, there are plenty of good caretakers out there who are valued members of their communities. There are also cowboys, chancers, crooks and lead swingers.

The latter have often paid a lot of money get the contracts  so they then charge their owners high fees to recoup their investment – and that’s before they even start charging you for the services they actually perform. If, in fact, they do.

You need to tell owners what this person is doing to your building.  But remember, non-resident owners generally respond to only one issue – the value of their property.

So don’t make it about personalities or historical grudges. Instead, get quotes from local real estate agents about how much more owners could get in rents and sales if the building was properly managed.

If you can raise 25 percent of votes,  call an EGM to sack the EC then you and your supporters should send this information out by mail, plus your list of preferred members, with proxy forms and stamped addresses envelopes for their return.

All new proxies cancel out previous ones so your “slate” should be elected and you can start getting your caretaker back to work.

Too hard on caretakers? Join the discussion HERE.

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“We have new tenants in our complex who have two or three cars parked in visitors parking and a fourth  outside their garage blocking another tenant from getting in and out of their parking area.

“I placed  the following notice on two cars parked illegally for over a week: This Car is Parked in a VISITORS PARKING SPACE. Visitor Parking spaces are for the use of VISITORS of all residents We understand that on occasion, residents use these spaces for short periods of time. Please be respectful to all units by abiding by this. Please note – Parking cars on the grass is Not Permitted.

“The notice was removed from one of the cars, which driven out and returned to the same spot an hour later.” – Sarah C, via Flat Chat Forum.

Oh dear, Sarah. I think you blew it when you said it was OK to park in visitors parking ‘on occasion’ and Forum StrataGuru Struggler  agrees.

“The problem here is that the note you left actually gives them and anyone else permission to park there – at least in their eyes,” he writes.  “‘On occasion’ and ‘short periods of time’ are all tolerated in [my] complex but just not in writing.”

Struggler is right.  You need to let them know that by parking in visitors parking or on grass verges they are:
a) in breach of by-laws and that could lead to fines of up to $550 and
b) by breaching by-laws they have also broken their lease which could lead to eviction.

Yes, they may think they are above the law but they could lose their home.
A copy of the same notice from your EC secretary should be delivered to the rental agent  or owner of the property. And let’s hope your original note is already in the trash.

Read the full catastrophe and have your say HERE:http://www.flat-chat.com.au/forum/parking-peeves/ownerstenants-parking-in-visitors-car-spaces

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