Flat Chat Forum Two-unit strata Current Page

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  • #10504

    I have bought into a two unit scheme in 2012 which has been a nightmare. My neighbour has had ownership since the units were built in 1989.  Meetings stopped in 1995.  Sinking and administration funds were wound up at the same time and the balances used to pay the lawn mowing man.  The insurance was under valued by $200,000.  The neighbour has fenced off the garden in front of her unit without permission or an exclusive use by law.  This week she had the timber fence demolished and replaced it with a battleship grey colorbond which is incongruous with the two units and makes a gross effect on the street scape.  She did not get owners corporation approval for the installation of the new fence on common property.  I complained to the managing agent, who I had appointed by an adjudicator because the OC was completely dysfunctional.  Three days later and my emails have not been answered and the fence is fully installed.

    This neighbour has been a law unto herself for 27 years and has resented my attempts to make the OC function in a manner which respects the Strata laws of NSW.  The two villas have been neglected for 27 years and require a lot of maintenance.  New gutters, painting, rotten timber retaining walls, damp slab for my unit, tree roots in sewer pipe, subsiding causing bent sewer pipes and blockages, etc.  There is no money in the kitty.  The agent is useless and plays the victim. She just keeps saying she should walk away because she is not paid enough.  She set the rates.

    What do i do?  Where do I start?  I have been to an adjudicator and got the useless managing agent.  I have been to mediation and got no result.

    The damp slab causes me great concern because I only have  half the use of my lungs and my bedroom blinds are covered in mould as are my lampshades.

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  • #25042

    You really are between a rock and a hard place.  The first thing you need to do is sort out the strata manager.  If she is not prepared to do her job, then she should resign, otherwise you can complain to Fair Trading.

    Secondly, you should tell her in detail (and in writing) what needs to be done including raising a special levy or a loan to pay for it. It’s important to get this in writing as that’s when the clock starts ticking. 

    Meanwhile, tell her if he hasn’t acted on pursuing the strata scheme’s legal responsibilities within two months, you will seek orders at NCAT under section 138 forcing her to do so.

    Strata managers have so much power under a statutory appointment that she could sort all of this out – provided she is prepared to put up with the tsunami of abuse that is inevitably coming her way.  

    However, if she isn’t being paid enough for all this grief, she should start charging for answering abusive emails and listening to abusive phone calls – and send you and your neighbours a letter explaining that she plans to do this.

    If she is a member of Strata Community Australia, contact them and ask them to support her, if need be.  If she isn’t, I would do my best to get rid of her and have her replaced by someone who is.

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Flat Chat Forum Two-unit strata Current Page