Is there a time limit on unauthorised changes to common property?
A unit owner has made several unauthorised changes to common property over the past years, including installing skylights, a cover over their balcony and a keypad lock to their main entrance door. The body corporate would like to reinstate all affected common property to its original state. Is there a statute of limitations preventing the body corporate from taking such action?
Can you claim strata insurance for damage caused by renovations?
I live in a building format strata building. The unit owner above has been renovating for over a year. Their initial application stated they were carrying out minor renovations, but I believe they have removed internal walls.
Over the past months, cracks have appeared in the cornices and vertical cracks in my walls below the location of the renovations. Recently, we've heard days of jackhammering to remove tiles and replace with timber flooring. The jackhammering was extremely noisy, and vibration was evident. There is now substantial cracking in my kitchen walls.
What to do if a tenant builds on strata common property without approval?
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Our body corporate has commercial units on the ground floor, including a coffee shop. Without approval, the coffee shop's tenant constructed a large cool room on common property adjacent to the cafe.
The tenant has been told that this is a problem but as it the cool room has already been constructed, they don’t seem to have a concept of the consequences.
The body corporate committee doesn’t know what to do and appears to be ignoring the matter.
What are the legal consequences of this, and what action should the committee take against the lot owner and the tenant?
Who pays to upgrade electrical supply to a strata unit?
Over the summer, my power has tripped out when lots of appliances are used. My unit is currently being used for short term lets so guests often use many appliances all at once. My unit is over twice the size of all the other units in the building yet it has the same power supply as the other smaller units. My electrician says I need to upgrade the power supply to fix the issue as the current draw is more than the board is capable of.
Can strata repairs be approved in separate stages?
We are about to repair our driveway for the cracks and leaks to the underground car park. What we are looking at is to repair it in three stages. Find and fix the cracks that are causing the problems. Then do the same to the other smaller ones. After this is accomplished we will have the surface done with three coats of different sealants and membranes.
Quotes for the different stages will be received at three different times. It will be almost impossible to do a total quote as we have to complete each stage before we can go to the next stage.
Does a management rights top up require a special resolution?
I have been looking at past AGM minutes and noticed a top up for a management rights agreement motion listed as an ordinary motion. The motion was a top up not an option from the contract. I would have thought that granting a 5 year extension that costs 5 x annual payment would equal $400,000. Should this have been a Special Resolution and thus require a more positive vote from the owners.
What can owners do if a strata meeting is not valid?
Our BC and owners have called a meeting that falls within the mandatory 21 day period and they have been advised that it is not legally binding but are proceeding anyway. The meeting notice did not come with a form 5. I understand that any decisions made at this meeting would not be binding but what would happen about the costs of this meeting?
The body Corp managers are not involved as the original request for an EGM was not supported by a list of signatures that represented 25% of owners. The BCM are taking no part as they say their services have not been requested.