How Can Committees Enforce Smoking By-Laws When Safety Concerns Prevent Conciliation?

By admin,

The residents and committee are having difficulty enforcing a by-law regarding smoking with a tenant. The committee has issued escalating communications regarding repeated breaches, and the next step is to apply to the Magistrates Court. The magistrate will likely require both parties to attend a conciliation process before hearing the case in court.

Can a body corporate refuse to act on smoke drift if they haven't updated the by-laws?

By admin,

My neighbours smoke cigarettes. The carcinogenic smoke drifts into my backyard and into my home. I emailed the body corporate, but they refused to act. They said that although legislation now confirms smoking is a nuisance and allows bodies corporate to register by-laws prohibiting smoking on common property and outdoor areas of lots, our scheme has not reviewed or registered new by-laws.

Can Owners Remove Child Safety Window Devices on Common Property?

By admin,

Two units in our complex have removed the child lock safety window devices and replaced them with a restrictor mechanism that can be disengaged anytime. The owners said they had made the change for cleaning and escape purposes, but the windows are opened all the time, effectively bypassing the legislation. The lots are on the second and eighth floors. As the windows are common property, is this legal, and if not, what can we do?

Who Is Responsible if Window Safety Devices Fail in Strata Buildings?

By admin,

Our AGM included a motion regarding window safety devices was defeated: "that the strata committee engages a suitably qualified consultant or contractor to carry out an inspection of these devices and submit a corrective actions report in compliance with Regulation 30". The owners corporation (OC) decided that the strata manager could write to all occupants requesting a report on the working order of each lot's window locks. I'm concerned that most occupants wouldn't be qualified to determine the working order of the devices or whether a device had been tampered with.

Who Pays for Intercom Repairs in a Strata Building?

By admin,

My intercom system is not working. I'm not sure if the problem is with my particular handset or an issue with the main system. I've reported the problem to the strata manager and they have stated it’s the unit owner’s responsibility to pay for the handset if it's broken. If it’s is the complete unit downstairs that is the problem, who is responsibility to investigate and repair the problem?

Who Is Responsible for Gutter Cleaning and Roof Maintenance in Strata?

By admin,

My roof has been leaking ever since I moved in. This has caused damage to my walls and carpets. I clean the gutters that I can reach myself regularly, however, there are gutters that I cannot reach that have never been cleaned the entire time I have lived here and I believe this is causing the roof leak issue.

I have emailed my Strata manager many times about this and after many many months she replied with 'I suggest you ask a roof plumber to inspect the leak, then look at roof replacement.'

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