Smoke drift without a smoking by-law: Can it still be a nuisance?
I am a non-smoker in an older apartment block without a no smoking by-law. My next-door neighbour leans on this as justification for smoking on their balcony daily. The smoke drift seeps into my house.
I have tried talking with them, letting them know their smoke is drifting into my house, to no avail. They says they are “trying” to help me out by only smoking on the far side of their balcony, but the smoke still ends up in my living space.
I have two children living here. The smoker doesn’t care that the children are breathing second-hand smoke almost on a daily basis.
How meticulous record keeping helped win a smoke drift tribunal case
During Brenton Pittman's tribunal hearing to stop smoke drift from entering his apartment, the tribunal member described his record keeping as meticulous evidence and compelling. How much effort was it to keep the records? How did Brenton know to keep such detailed records and how much weight does he feel it had on the outcome of the decision? Could this style of record keeping be used for any nuisance case?
Hot water system leak: Who pays the strata insurance excess?
Our tenant didn't realise the hot water system was leaking until the downstairs neighbour told them her ceiling was wet. We have had the hot water system replaced. No damage was done to our unit. Our Strata Manager now says that we can make a claim for damage to the neighbouring unit under the Strata Insurance but we are liable for the excess of $1000. Is this correct?
Burst pipe flood damage: Who pays for carpet and magnesite flooring?
A lot owner had a burst pipe from their washing machine which flooded the unit. Contents insurance has covered the carpet removal and damage to furniture. Underneath the carpet was magnesite flooring. Apparently, this falls under strata. Will the strata and owners corporation deny the claim of removal? It's a very grey area.
Burst flexi-hoses in apartments: Who is responsible and what insurance covers it?
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Our strata manager has notified residents that any case of flexi-hoses bursting is the responsibility of the resident and not strata in terms of damage caused to their and/or other apartments.
What insurance do residents need to ensure damage inadvertently caused by them is covered? Does water damage to carpets / flooring / gyprock fall under buildings or contents insurance?
Leaking bathroom from previous owner: Who is liable for damage?
My bathroom tiles are leaking due to bad renovation by the previous owner, resulting in wall damage in the hallway and terrible mould in the bedroom wardrobe.
I’m not sure if they got strata permission…
If there is damage in the apartment downstairs, am I responsible?
Who pays when OC repairs cause damage inside a lot?
The owners corporation engaged a company to repair our leaking shower. During the repair, the company damaged our shower screen. Their quote to the OC identified this might happen and that it would not be the company's responsibility. The OC accepted the quote and engaged the company but will not accept responsibility to fix the shower screen. My insurer says it's the OC's responsibility.
Recovering levy arrears on utility lots when they are sold
Our strata scheme has several utility lots that can be sold separately from the habitable lots. The annual levy for these accessory lots is approximately $85 pa. An owner has paid no fees for over 5 years with an outstanding balance of more than $1,800, including interest, late fees, etc.
We have had situations in the past where the buyer did not obtain an owners corporation certificate regarding fees, resulting in drawn-out owners corporation legal costs. How can the committee ensure the arrears are addressed if the unit is sold?