Flat Chat Forum Strata Committees Current Page

  • This topic has 2 replies, 2 voices, and was last updated 1 month ago by .
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  • #52074
    AvatarOzzietars1992
    Flatchatter

    An owner has commenced unauthorised bathroom renovations of which no detail is yet known. As secretary of the SC for 8 years my frustration over lack of interest or support/action from the other 17 owners and the strata manager has grown to the point where I feel I’m the only person interested in bylaw breaches. If I ignore what I believe to be a bylaw breach what can be the consequences for myself personally or the OC?

    In recent years our strata manager was asked numerous times to take action on other unauthorised renovations. After 2 years of inaction I made application to NCAT myself with the strata manager only coming ‘on board’ at the 11th hour. I’m loathe to go down that path again. There is no appetite to change our strata manager and our property is in NSW.

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  • #52093
    Jimmy-TJimmy-T
    Keymaster

    Just to answer the question implied in the headline, strata committee members can’t be held persoanlly liable for decisions they make in good faith – and I guess that includes the decisions not to make a decision.

    However, they and other owners should be made aware that there are almost always consequences to turning a blind eye to breaches and there are often financial considerations attached.

    Perhaps if they and other owners were educated about this they might be less keen just to let things go whe, down the track the owners corp could face repair bills or legal costs of one kind or another and everyone will have to pay their share.

    #52077
    Jimmy-TJimmy-T
    Keymaster

    Oh, dear.  You have my sympathy but this is one of those cases, yet again, where a Flatchatter has asked for advice on what to do, presaged by saying they don’t want to follow the two obvious paths available – take the culprit to NCAT and sack the strata manager.

    But I get it.  Why should you alone suffer the sleepless nights and frustrations of fronting up the the Tribunal?

    So here’s a compromise solution.  How about sending a letter to the strata manager that says something like this.

    “Please confirm that any works on lot XXX (unit YYY) have not been approved and changes to common property have not been authorised by the appropriate permissions or by-laws, as required by Sections 110 and 111 of the NSW Strata Schemes Management Act (2015).

    “If so, please inform the owners that failure to remedy this immediately could lead to them, or any subsequent purchaser of the lot being required to resinstate common property under orders from NCAT, under requirements of Section 106 of the Strata Schemes Management Act.

    “The strata committee also instructs you to copy this breach notice to the records of the owners corporation so that any future purchasers of that lot are aware that they may be required to allow us to reinstate common property, at their cost, due to the failure of the current owner to gain appropriate approvals.”

    If the strata manager declines to do this, then explain to your other owners that the strata manager is setting you all up for future claims by purchasers of that lot for failure of common property installations over which you had no control – which could lead to expensive legal battles and the possibility of hefty bills to rectify the works.

    Then sack them.

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Flat Chat Forum Strata Committees Current Page