Special levies at first meetings: do developers have the power to enforce them?

By admin,

The power of attorney clause in our purchase contract states that, for the first year, the developer can exercise our voting rights. At the first meeting, a special levy for security fees was introduced to cover the remaining cost of the security company’s contract. The developer engaged this company during construction, and the security company owner is related to the developer.

Do lot owners have the grounds to refuse to pay this special levy for security?

Exclusive use or special privileges bylaws

By admin,

I own and lease out a unit in a 1970s WA strata scheme. Our 30 common property carports have never been registered with Landgate for the exclusive use of the respective unit owners. I have obtained one quotation of $14,000 from a licensed surveyor for necessary survey work to accompany the application to Landgate.

Are there less expensive alternatives that would satisfy Landgate?

Who is responsible for balcony repairs?

By admin,

Six of the 18 apartments in our building have substantial damage to the concrete floor of their balconies, while the remaining balconies have cosmetic damage.

On the strata subdivision documents, balconies do not appear to be common property. However, the owners corporation (OC) has billed all owners for repairs to the affected balconies.

Payment to committee members. What approval is required?

By admin,

We have secured a quote for new artwork on behalf of our committee. The company required a 50% deposit before releasing the artwork. Our committee requested that we pay the deposit on our credit card and submit a request for reimbursement. We will be paid within 2 weeks, and then the following month, we can claim the credit card interest on the transaction. Is this the usual procedure?

Do I need approval to repaint the exterior of my lot in the same colour?

By admin,

I live in a duplex. I would like to repaint the exterior of my lot. Our by-law says, "The owner-occupier of a lot must not, without the prior written approval of the owners corporation, maintain within the lot anything visible from the outside of the lot that, viewed from outside the lot, is not in keeping with the rest of the building".

The paint on my unit exterior is peeling. Do I need approval to repaint the duplex in the same colour?

Can we stop neighbour from smoking on the apartment balcony?

By admin,

My neighbour smokes right on the boundary of our ground level units and right next to my washing. I can't have my doors or windows open because of this smell.

What are my rights? There are plenty of other spots within their lot they could smoke in that wouldn't affect anyone.

Noisy Neighbour, Renovations and Construction Noise

By admin,

I am renting an apartment. The woman below me is quite noise sensitive and isn't the type of person I want to upset. However, I am a healthcare worker and do shift work. My job entails showering and changing incontinence pads, so when I come home, I would like to shower. She is now saying I can't shower after 9pm because of noise laws. Is this the case? Especially during COVID-19 where hygiene now is paramount.

My shower isn't loud- no squeaky taps or pipes. No water hammer.

What are my rights here? Am I allowed to shower?

Outdated by-laws? It's time for change

By admin,

How can we persuade all owners to seek independent advice on updating our outdated bylaws? Does NCAT have the authority to make an order to update by-laws? We have the original 'no pets' by-law in place from the 1960s, and the committee will not consider updating it, although there are plenty of pets in the building.