This topic contains 2 replies, has 3 voices, and was last updated by Jimmy-T Jimmy-T 1 month ago.

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  • #35835
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    larney
    Flatchatter

    Block of 12 units in Sydney, NSW.

    I did a search on Memorandum and came up with nothing in this forum. So I guess I have done something wrong since I am sure others have issues with it.

    We are replacing garage doors which are OC responsibility. Owners have the option of installing garage door openers at their own expense. We want on-going maintenance to be at the owner expense as well and thought this would be adequately covered by the Common Property Memorandum. So we intend to adopt the Memorandum at the next General Meeting. This will sort out a few other issues at the same time.

    However,  look at the wording of the Memorandum. Under OC responsibilities; Electrical : (b) automatic garage door opener, other than those installed by an owner after the registration of the strata plan and not including any related remote controller. Then under Lot Owner Responsibilities; Electrical : there is no mention of garage door openers.

    Other categories, eg. Air conditioners, are very specific about responsibilities and are mentioned in both tables, so there is certainty. It would be a simple matter of adding that garage door openers are the lot owners responsibility in the second table, except that the fair Trading site specifies that the Memeorandum cannot be modified except to exclude items that are not needed.

    Am I being too pedantic? By adopting the Memorandum, does it follow that owners are responsible for garage door openers?

     

  • #35836
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    Bn
    Flatchatter

    If it is ambiguous now then it will be ambiguous later – more straightforward to put forward a by law.

  • #35840
    Jimmy-T
    Jimmy-T
    Keymaster

    Agree with Bn – if you have a by-law specific to  garage door openers than that would be an item you could exclude from the Common Property Memorandum as not being necessary.

    In any case, I wouldn’t take anything you get from Fair Trading as gospel.  They don’t get to make the law, whatever they might think.

    Finally, larney, I went looking for links to the “Common property memorandum” using our search function and it took me about a second to find this link.  So, you’re probably right … you did something wrong.

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