NSW Common Property Memorandum - Downsides? | Common Property | Flat Chat Forum: Your Questions Answered




A A A

You must be registered and logged in to reply to posts or post new topics. Click on "How to Use This Forum" for simple instructions on how to get on board. NB: Please do not use your real name or email address as your screen name - if you do it will be changed to something less insecure.

Avatar

Please consider registering
Guest

Search

— Forum Scope —




— Match —





— Forum Options —





Minimum search word length is 3 characters - maximum search word length is 84 characters

Register Lost password?
sp_Feed sp_PrintTopic sp_TopicIcon
NSW Common Property Memorandum - Downsides?
Avatar
sydprop
FlatChatter
Members
Forum Posts: 10
Member Since:
07/09/2015
sp_UserOfflineSmall Offline
1
27/10/2017 - 10:41 pm
sp_Permalink sp_Print

We have not yet adopted the common property memorandum - small block 4 lots.

There doesn't appear at first glance to be anything troublesome in the memorandum from either an OC or lot owners perspective. It does clear up nuisance claims on the OC - e.g. kitchen plumbing but this is not an issue for us to date. 

However, devil is in the detail, does anyone have any tips or experiences?

Avatar
JimmyT
Admin
Forum Posts: 4641
Member Since:
06/01/2014
sp_UserOfflineSmall Offline
2
28/10/2017 - 8:27 am
sp_Permalink sp_Print sp_EditHistory

The "Who's responsible" memorandum has come up fairly often in this forum (but I don't recall many if any problems). 

But here's a way to do a quick check for previous mentions of this and any other specific issues.

1. Scroll to the top and type "Who's responsible" in the search box.

2. Click on "advanced search"

3. Check the box marked "All forums"

4. Check the box marked "Match phrase"

5. Click on search.

That will take you to a list of every topic in which that phrase has been used.

If you don't do the advanced search routine, the search will only be in the forum you are in and it will list every post that has either of the words "who's" or "responsible" in them, resulting in too many irrelevant posts from too narrow a search.

Obviously you can use this for any word or phrase but try to be specific so as to filter out irrelevant results.  Searching for the word "problem" will give you half of the entire 20,000 posts in the forum.

Avatar
Puddn
Flat(chat)Mate
Members
Forum Posts: 71
Member Since:
20/03/2015
sp_UserOfflineSmall Offline
3
29/10/2017 - 9:30 am
sp_Permalink sp_Print

Hi Sydprop

We have a motion on our agenda to adopt the common property memorandum. As you say, it does clear up a lot of issues - such as pipes and taps.

In our case, the only change that will affect current practice is the 'intercom handset' which is deemed the responsibility of lot owners.

Avatar
sydprop
FlatChatter
Members
Forum Posts: 10
Member Since:
07/09/2015
sp_UserOfflineSmall Offline
4
30/10/2017 - 11:57 pm
sp_Permalink sp_Print

Puddn, that's good. I didn't see anything controversial at first glance either. Handsets as an interesting one as having been through this, I had an experience where it was not clear whether it was the handset or the system. In the end it was the system - seems like the whole system would be better managed as one. 

JimmyT, Yes, did search, maybe I missed something. Familiar with SSMA and common property definition. Question was specific to adopting the LPI common property memorandum but thanks for cut/paste tips 😉 I think your moderation is probably needed but be careful about going OTT. 

Avatar
david2708
Flat(chat)Mate
Members
Forum Posts: 27
Member Since:
08/05/2017
sp_UserOfflineSmall Offline
5
09/11/2017 - 9:25 pm
sp_Permalink sp_Print sp_EditHistory

We recently passed two special bylaws with regard to aircons & hot water services on common property.

In reading the Common Property Memorandum, I see it lists both of these as the responsibility of the owners.

Am I right in thinking if we had merely adopted the Common Property memorandum, we wouldn't have had to have the two by-laws and saved money?

I know the two by-laws we passed have a great specificity but i am inclined to think the memorandum would have sufficed.

Avatar
bluehouse
NSW
FlatChatter
Members
Forum Posts: 22
Member Since:
09/07/2014
sp_UserOfflineSmall Offline
6
14/11/2017 - 10:03 pm
sp_Permalink sp_Print

david2708,

I am not a lawyer and maybe someone will need to correct me but, as far as I understand, the memorandum is only about the reponsibility for maintaining things that already exist.

Special by-laws cover more than the future responsibilities to maintain the alteration/addition that they refer to.  They also cover things like the standard of work, who can carry out the work, the specifics of the work (eg.location, appearance, materials.), the impact on the strata scheme over the time of installation, and the need to have any mess created made good.

Even where you have a blanket special by-law, I assume you still need to have the specifics of each case passed by a vote.  For your example of a hot water system on common property, your fellow owners would still want the chance to vote on where you put it, what it will look like, how you get it installed, and the need to have it installed by a professional.  The memorandum has nothing to do with these details.

Forum Timezone: Australia/Sydney

Most Users Ever Online: 518

Currently Online: dingo
35 Guest(s)

Currently Browsing this Page:
1 Guest(s)

Top Posters:

kiwipaul: 613

struggler: 459

Austman: 305

Billen Ben: 232

Millie: 213

Cosmo: 170

Kangaroo: 168

considerate band fair: 167

FlatChatFan: 147

daphne diaphanous: 137

Newest Members:

ChrisOldCodger

[email protected]

tonyd

oceancalls

Shazzz

ewright

McCash

Herbie01

Gburraston

Peter M Mills

Forum Stats:

Groups: 4

Forums: 46

Topics: 4398

Posts: 20891

 

Member Stats:

Guest Posters: 241

Members: 5005

Moderators: 4

Admins: 1

Administrators: JimmyT

Moderators: Whale, Sir Humphrey, scotlandx, Lady Penelope