Flat Chat Forum Common Property Current Page

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  • #50692
    Avatarmark1980
    Flatchatter

    My unit is very close to the garage gate. The motor makes a very loud noise when it is operating. Closing my window and blackout shutter is not very helpful. So I complained it to the OC. But the OC doesn’t want to do anything about it, saying the motor is still operating, it is not failing, so that they cannot replace it. They actually got a quote for the replacement, which will cost about $2000. Another reason they gave me is that the motor is not common property, it’s just attachment. Is that right?

Viewing 8 replies - 1 through 8 (of 8 total)
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  • #52269
    scotlandxscotlandx
    Strataguru

    No – you can be a member of the Committee and have a dispute with the OC, no issues there!!!

    #52232
    Jimmy-TJimmy-T
    Keymaster

    Would applying for a mediation via fair trading affect my admission to the committee?

    That is very much up to all the other owners (not just the committee).  The current committee might stand as a block to try to keep you out but there’s only an election if the owners at a general meeting decide to have fewer seats on the committee than there are candidates.

    If there is any hostility at the AGM, explain to other owners that you are trying to save them money rather than cost them, as neglecting the legally enforceable responsibility to maintain common property costs more in the long run because problems get worse (and are therefor more expensive to fix) and then there’s the whole question of the social and financial cost of the committee having to be dragged to Fair Trading and NCAT just to get them to do their job.

    #52230
    Avatarmark1980
    Flatchatter
    Chat-starter

    A bit of an update over the garage gate noise issue:
    Originally there were 2 sources of  the noise, the loud opener/motor, and the loose drainage system making a big noise when cars were moving over it. Through some hard complaining and discussions with the owners corporation, the loose drainage system has been finally fixed and that source of noise is totally gone. But they still refuse to replace the loud industrial-level opener. So I think I’m ready to apply for a mediation via fair trading.

    I think we’ll have a general meeting soon in October, on which I could join the committee. Currently I am still not a member of the committee. So my question is: would applying for a mediation via fair trading affect my admission to the committee?

    #50712
    Avatarmark1980
    Flatchatter
    Chat-starter

    Thanks very much, Jimmy-T. I’ll definitely point them to the section.

    #50711
    Jimmy-TJimmy-T
    Keymaster

    Time your SM went back to strata manager school (if they ever attended).  Point them in the direction of section 7b of Fair Trading’s Common Property Memorandum which defines what is and isn’t common property:

    7. Parking/Garage:  (b) electric garage door opener (motor and device) including automatic opening mechanism which serves more than one lot

    Sounds like your strata manager is more interested in keeping the committee onside that doing their job properly.

    #50704
    Avatarmark1980
    Flatchatter
    Chat-starter

    Thanks very much, Jimmy-T. This is very helpful.

    What really pissed me off is even strata manager was saying, it is not common property, it’s attachment, blabla.

    It looks like I have a case if we go to NCAT.

    #50705
    Avatarmark1980
    Flatchatter
    Chat-starter

    Yes, it is the gate to the scheme’s parking garage, not my own garage door.

    #50696
    Jimmy-TJimmy-T
    Keymaster

    Assuming this is the gate to the scheme’s parking garage, your Strata Committee is talking nonsense.  Of course the garage gate opener is common property – if they don’t own it, who does?

    Here are the fundamentals:

    1. You are legally entitled to the peaceful enjoyment of your lot

    2. A garage gate opener that’s excessively noisy is not operating correctly.

    3. The owners corporation is legally obliged to maintain and repair common property.

    4. The garage gate opener is common property.

    I think your first option is to tell the committee to read the basics of strata law and do their job.  Failing that, you can seek mediation at Fair Trading with a view to pursuing orders at NCAT under section 232 (2) of the strata schemes Act.

    In very basic terms they can either repair or replace the gate opener now, or waste time and money fighting this, then have to do it anyway.

    And if the resident bush lawyer on the committee argues some made-up law that means that the machinery isn’t common property, print this post and show it to them and the other members. Oh, and ask them, if it doesn’t belong to them, or anyone else, who will complain when it disappears overnight?

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Flat Chat Forum Common Property Current Page