Flat Chat Forum Common Property Current Page

  • Creator
    Topic
  • #51949
    Whoopi
    Flatchatter

    Hi Flatchatters

     

    NSW Today workers came up  on  my roof.  This roof is above our bedroom a stair case and an ensuite. The roof  has a failed membrane and is part of a tribunal. The workers who were on the roof were not waterproofers nor were they wearing safety helmets. They just turned up  un announced which makes noise inside our home and also invades our privacy as they can look down into our terrace. We were not notified of this and the area has lots of lot property items like security cameras cables air conditioners etc. What are my rights? The committee said it is common property and they can do what ever they want up there. But I thought as it was on my roof all be it CP, and  it affected me I deserve some kind of notification. There has been bad blood for years and they said they were cleaning the roof. First of all they told me they were abseilers then they changed their tune as I recognised them as the building tradie that the committee use all the time.  This area is leaking already into my home and cleaning a failed membrane seems pointless.

    We were not notified  by the strata manager. We were expecting real abseilers who turned up eventually. I understand the committee has the right to maintain common property but  can they tramp over head with no notice to the owner.

    Thank

    Whoopi

Viewing 5 replies - 1 through 5 (of 5 total)
  • Author
    Replies
  • #52306
    Jimmy-T
    Keymaster

    It sounds to me like you are locked in a toxic  and unending battle with your owners corporation, or at least your strata committee.

    In your shoes I would seriously consider trying to undertake some kind of mediation in an effort to wipe the slate clean and start afresh.  This is a war with no winners.  Offering an olive branch is not waving a white flag.  You and probably they have better things on which to expend time and energy.

    I’m not talking about Fair Trading, but either a professional service that you can find on the internet, or our sponsors StrataAnswers.

    It will cost a little but it could be a way forward.

    • This reply was modified 3 months, 2 weeks ago by .
    #52340
    Whoopi
    Flatchatter
    Chat-starter

    Dear Jimmy

    Normally you would be right in this wonderful suggestion. Most committees will find  some way to resolve a conflict based on the fact it will end up being cheaper for the building in the long run. I have done all of the above mentioned.  Multiple mediations and settlement meetings over the last five years, meetings with lawyers, with mediators, meetings without lawyers. Every time it failed because there was no incentive for the lawyers and barristers and committee to stop the conflict, their incentive is to fight and win, send us broke and stay in power. They do not seem to mind spending the owners’ money. It is very personal.  Toxic yes,  the only thing the committee wants is to make us move. They have unfortunately been so good at being destructive to our property we cannot move due to continuing litigation and  continuing water ingress and damage and un-warrantied works, half tiled balconies, patched  leaking membranes etc. No one  in their right mind would buy this property. This is also our main investment which has been devalued to the point we cannot afford to sell or else we would have no nest egg for our old age. We also have a frail elderly person  living with us with all of the disability needs built into the unit and close access to hospitals. We have made endless offers and all have been refused. Their offers were not offers but extortion, demanding us to pay them money to go away, to pay for work they were ordered to do and take bylaws for work we did not do that no other  previous owners were asked  to take.  We have broken no bylaws, done no unauthorised renos,  we pay our levies  on time always. We have never abused anyone. I understand your point about the olive branch, we offered this after the appeal and then they put together a scope  of works that did not comply with the orders. Every offer of peace was done in writing. We have also won every case so far,  the owners  are fed propaganda,  told we refuse to negotiate and  they continue to pay special levies, they should not need to pay for, if the work was done properly in the first place.  At this point we will play the long game, we have no choice.  We actually needed ‘orders’  because we knew any deal that was struck would not be honoured, and then we would have no recourse.  At least with orders we have something. As it is, the orders were not complied with!  I would like there to be an opportunity for investigation of  and accountability of committees and buildings with long standing  conflicts which does not involve a tribunal. Inspections on sight of works  and investigative probes into the reason why conflicts  can fester like this. Fair Trading needs more powers. Each time we go to the tribunal we get a new member if we had the same member each time there would  be a through line and we would not have to start from scratch each time. We have not initiated all of the litigation there has been vexatious litigation  started against us and when that happens  you have no choice  but to defend yourself. The alternative is even more costly. The works were so far $500,00 there would be another at least $200,000 to do.  How does one offer to tile and waterproof half a CP balcony and then who is responsible for half a balcony? Thanks for your support, I know you may think we are being stubborn but we have carefully thought out the options and the flow on affect of the unconscionable oppressive and harsh  bylaws they are blackmailing us with.  We have taken much advice from many  people legal and not legal. We won the first tribunal  for failure to maintain CP. We substantiality won the appeal and had orders  for the works to be done, there were three requests for extensions of time to for the OC to comply during which time the  OC agitated two more cases against us. We recently won a case  in regards to unreasonable refusal of bylaws. We also won a case over their refusal to do the demolition needed to get to the membrane. It is astounding how far this committee has gone to avoid their duty of maintaining the building. We have now been forced to go back for a renewal of proceedings as we are still leaking into five rooms, our home was not restored to its former state, works were not warrantied and not to Australian standards. The appeal panel refused an extension of time unless we agreed and we did not,   they were never going to comply. This nightmare for us is exacerbated by legal firms that have found ways to agitate cases where no conflict should exist and ways around orders and time frames.  No one enforces the strata laws or  orders, only the individual owner who is seriously disadvantaged in the system. Giving a committee responsibility over works they fought so hard to avoid is like  giving the keys of the safe to a bank robber. The owners have no idea how much money has been spent on legals. I know there is nothing you can say or do to help me. I would like to invite you to come and see it. Thanks for responding.

    #52303
    Whoopi
    Flatchatter
    Chat-starter

    Thanks for the response. I was afraid  that would be your answer.

    The roof of my apartment is CP property, but is directly over us, so it is inside the boundary of our lot but above the Stratum area. The OC can access it  by ladder from the  CP area next to it. Which means they can get up there without knocking on my front door.

    There have been several instances where the OC have done intrusive work like grinding without notice. In these days of working from home it is a problem. They are rude on purpose. Another case of the OC having all the power and the individual owner having no rights. If they needed to enter the lot to get to the roof they would need to give us notice, because they do not need to enter the lot to get to the roof they just go up there and invade our privacy and  disturb us and there is nothing we can do. It is intimidating.

    Whoopi

    • This reply was modified 3 months, 3 weeks ago by .
    #52282
    Jimmy-T
    Keymaster

    Is it your roof?  or is it common property (which would be usual)?

    The owners corp has the right to enter either common property or lot property to carry out repair work to common property or even to see if repairs are requires.

    In the former instance, provided they aren’t going through lot property, that right is pretty much unlimited.

    In the latter case, if the lot owner or residnet refuses access, the OC can go to NCAT and get orders.

    I they have started work on a common property roof without prior notice, that is just rude and inconsiderate, but it’s not illegal.

     

     

    #52277
    Whoopi
    Flatchatter
    Chat-starter

    Hi Flatchatters

    NSW. I may not have written my question very clearly hence  the silence. Can anyone tell me  if an OC  can be on your roof working,  interfering with the enjoyment of your lot without notice?

    What are the rights of the owners  in regards to notification of works done  above and around their lot?

    Sorry if my last  post was  muddled.

    • This reply was modified 3 months, 3 weeks ago by .
Viewing 5 replies - 1 through 5 (of 5 total)
  • You must be logged in to reply to this topic.

Flat Chat Forum Common Property Current Page