As an owner, what can strata councils actually do to me?

A bit early in the monring for me to be calling people or thoughts taht pass through their minds when unsure what to do names like silly, so I will take another view instead.

The guy approached the body corproate who refused making him feel like he's asking for something wrong / more than an owner should

He gets told to wait a month adn wil get approval.. Then up to 2 months later he continues see the diorganised bunch of owners in a display of the joke "how many councillors does it take to organise upgrade of RCD so people can go on with their lives like they should be entitled to , even if that means forking out $1k+ for aircon)"

In a lot of cases, strata are terribly managed and nothing is done until somethign hits the fan - no one likes to admit this though, so wshen eve challenenged by someone who is not happy with a deciosn made, they point to the rule books (which they have been ignoring all this time bt not managing the property properly)

If I was on the council, I woudl have thought my repsonsibility would be to give the perosn requesting a rough DATE when the RCD woiuld be upgreded and they would be able to instal ltheir air con - nothing in rules seems to be stopping this except the council dragging their feet (I know they are 'volunteeers, I am a vounteeer councillor, was also a volunteer board remember, even volunteers have a 'responsibility' to do their 'job' properly)

Not at all. This is a clear case of someone wanting to do something that is not allowed.

Even the well managed strata properties have poor owners who think so long as it suits them then it should be fine for everyone else.

This is a poor attitude to have.
 
Marge, in hidsight, do you think it was a good idea to spend so much of the owners' money on legal fees that caused so much ill feeling etc between the owners ?

Jacyee, if strata allows a breach to occur then this could set a precedent for many other issues to come. There are rules for people to follow.
 
chillieblue, yes you're right.

The only prblem here seems to be delay in geeting the transfomrer upgraded and that's the only thing stopping the OP from installing his much wnated air con (dont blame him, it was the frist thign I installed in my strata t/house too).. I'd ask them when they really think they will upgrade it, does suck a bit when it appears the council/strat is dragging their feet with it, if there's a reason, like $$, then tell the owner who is asking, otherwise why is it taking so long and when will it be done ? Surely someone knows or should we organise someone to do it ?
 
chillieblue, yes you're right.

The only prblem here seems to be delay in geeting the transfomrer upgraded and that's the only thing stopping the OP from installing his much wnated air con (dont blame him, it was the frist thign I installed in my strata t/house too).. I'd ask them when they really think they will upgrade it, does suck a bit when it appears the council/strat is dragging their feet with it, if there's a reason, like $$, then tell the owner who is asking, otherwise why is it taking so long and when will it be done ? Surely someone knows or should we organise someone to do it ?

This I suppose is my core beef - I *did* wait to put an air conditioner in, I was told earlier this year, 6 months ago kind of thing, that it'd all be done by October. So I really did wait and try to do the right thing, but now their incompetence has led to this present situation. I don't *want* to tell them to stick it up their jacksies and just do whatever the hell I want, but this is a 1960s top floor, no insulation, afternoon sun apartment - it's a furnace on a 28 degree day, when we get to 38 it's going to be an unspeakable hell hole.
 
Following are some answers from a purely legal, rather than ethical perspective. I am not in WA but this is from the WA legislation, BC = body corp or strata council :

A BC cannot reasonably refuse a consent to carry out works on common property by the proprietor if a lot.

Firstly have you received notification in writing. The notification must outline the reasons for their refusal, including the information relied upon for making their decision. It may also be worthwhile to write to the BC for an explanation regarding why other title owners have AC's installed and you are not allowed. Their justifications must align with both the Strata Titles Act and the by-laws of the specific BC. This alignment needs to be in relation to the outline of goals and intentions of the BC.

If they refuse at first instance, the BC may have an inbuilt appeal process. If it does find out the process and follow it.

Subsequent to that the appeal is the State Administrative Tribunal (SAT).

The SAT has the power under S 85 to:

Order with respect to certain consents affecting common property

Where, pursuant to an application by a proprietor for an order under this section, the State Administrative Tribunal considers that the strata company for the scheme to which the application relates has unreasonably refused to consent to a proposal by that proprietor —

(a) to effect alterations to the common property; or

(b) to have carried out repairs to any damage to the common property or any other property of the strata company,

it may make an order that the strata company consent to the proposal.

Also they can not levy the costs against your lot should you lose.

S 111 Expenses of strata company on appeal

(1) Notwithstanding section 36, where the strata company is the respondent to a successful appeal to the Supreme Court from the State Administrative Tribunal by the proprietor of a lot, the strata company may not levy in respect of that lot a contribution towards the expenses of the strata company in relation to the appeal.


RATHER THEN JUST GO AHEAD AND INSTALL IT
Another option would be that, if you install a split system airconditioner that has a standard 10A plug on it, rather than a hardwired switch. You could argue for that this is furniture rather than a fixture. This is then comparable to where you put a bolt or hook in a wall to hang a pot plant or picture. It also compares to you buying a portable airconditioner and placing some bolts in the wall to attach it to. You are then not making a permanent connection to the electrical supply of the building and the unit is easily removable and any holes could be patched and rendered over. If you wanted to go this way you should give them notice of your written intention to do so, 14 days prior to the installation. They would then have this time to either give or not give their consent. If consent is not given, then again they have to outline their grounds and make sure that they have not unreasonably denied consent.

If either action results in a denial of consent, you could then write to the BC stating that you believe that the grounds for denial of consent are unreasonable and you wish to challenge it. State in your letter that you do not wish to cause any harm to your relationship with the BC you just want to make sure that the decision is complying with the law. As it is your firm belief that the denial of consent does not comply, further, that you have already waited 6 months for the upgrade they are waiting on, you retain your right to make an application to the SAT.

Going to the SAT should not incur legal fees on your behalf or theirs and should be relatively cheap if it is the same as the QLD situation.

All of above does not constitute advice, it is for general information only. See a lawyer or do your own investigations.
 
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Geez, what's stopping the bloody body corproate booking an electrican already ?

Either the money to pay for it is in the bank already or it isn't, if it isnt, they can determine when it will be.

Either way, ther appears to be no reason for not being able to get a dte for it to get fixed..

It's not rocket science or waiting for the rains to come which or anything else they have no control over...

Are they approachable to ask these questions (a little more tactfully probably than I've posed them above) ?
 
Following are some answers from a purely legal, rather than ethical perspective. I am not in WA but this is from the WA legislation, BC = body corp or strata council :

A BC cannot reasonably refuse a consent to carry out works on common property by the proprietor if a lot.

Firstly have you received notification in writing. The notification must outline the reasons for their refusal, including the information relied upon for making their decision. It may also be worthwhile to write to the BC for an explanation regarding why other title owners have AC's installed and you are not allowed. Their justifications must align with both the Strata Titles Act and the by-laws of the specific BC. This alignment needs to be in relation to the outline of goals and intentions of the BC.

If they refuse at first instance, the BC may have an inbuilt appeal process. If it does find out the process and follow it.

Subsequent to that the appeal is the State Administrative Tribunal (SAT).

The SAT has the power under S 85 to:

Order with respect to certain consents affecting common property

Where, pursuant to an application by a proprietor for an order under this section, the State Administrative Tribunal considers that the strata company for the scheme to which the application relates has unreasonably refused to consent to a proposal by that proprietor —

(a) to effect alterations to the common property; or

(b) to have carried out repairs to any damage to the common property or any other property of the strata company,

it may make an order that the strata company consent to the proposal.

Also they can not levy the costs against your lot should you lose.

S 111 Expenses of strata company on appeal

(1) Notwithstanding section 36, where the strata company is the respondent to a successful appeal to the Supreme Court from the State Administrative Tribunal by the proprietor of a lot, the strata company may not levy in respect of that lot a contribution towards the expenses of the strata company in relation to the appeal.


RATHER THEN JUST GO AHEAD AND INSTALL IT
Another option would be that, if you install a split system airconditioner that has a standard 10A plug on it, rather than a hardwired switch. You could argue for that this is furniture rather than a fixture. This is then comparable to where you put a bolt or hook in a wall to hang a pot plant or picture. It also compares to you buying a portable airconditioner and placing some bolts in the wall to attach it to. You are then not making a permanent connection to the electrical supply of the building and the unit is easily removable and any holes could be patched and rendered over. If you wanted to go this way you should give them notice of your written intention to do so, 14 days prior to the installation. They would then have this time to either give or not give their consent. If consent is not given, then again they have to outline their grounds and make sure that they have not unreasonably denied consent.

If either action results in a denial of consent, you could then write to the BC stating that you believe that the grounds for denial of consent are unreasonable and you wish to challenge it. State in your letter that you do not wish to cause any harm to your relationship with the BC you just want to make sure that the decision is complying with the law. As it is your firm belief that the denial of consent does not comply, further, that you have already waited 6 months for the upgrade they are waiting on, you retain your right to make an application to the SAT.

Going to the SAT should not incur legal fees on your behalf or theirs and should be relatively cheap if it is the same as the QLD situation.

All of above does not constitute advice, it is for general information only. See a lawyer or do your own investigations.

Thanks for this. I've followed your advice, told them I'm going to install it with a standard plug, that it's pretty much like a TV, and that if they refuse "my lawyer has asked" for an extensive list of information, including things like when they first learned of the issue, when they first responded, what exactly is the problem with the capacity of the transformer in specific numbers, copies of any quotes they've received, etc.

Hopefully I've asked for so much stuff it'll be much easier to just approve the unit and the problem will go away!
 
Or they get the transfonrer upgrdaded like they've been saying ....

I've been on volutneer committees, the number of people who want to put their hand up at volunteer time but do not actually want to do what' the job actually entails is what dissapoints me. Of course at this point, I get reminded that "we're just volunteers you know".. I don't know.....
 
Or they get the transfonrer upgrdaded like they've been saying ....

I've been on volutneer committees, the number of people who want to put their hand up at volunteer time but do not actually want to do what' the job actually entails is what dissapoints me. Of course at this point, I get reminded that "we're just volunteers you know".. I don't know.....

I couldn't agree more. It really ought to be a simple issue, ring up electrician, get quote, do job. End of story.
 
This I suppose is my core beef - I *did* wait to put an air conditioner in, I was told earlier this year, 6 months ago kind of thing, that it'd all be done by October. So I really did wait and try to do the right thing, but now their incompetence has led to this present situation. I don't *want* to tell them to stick it up their jacksies and just do whatever the hell I want, but this is a 1960s top floor, no insulation, afternoon sun apartment - it's a furnace on a 28 degree day, when we get to 38 it's going to be an unspeakable hell hole.

the joys of living in a commune. everything takes so long and is a pain in the bum.

why don't you buy a portable ac? buy it second hand and you should be able to sell it for roughly what you paid.
 
the joys of living in a commune. everything takes so long and is a pain in the bum.

why don't you buy a portable ac? buy it second hand and you should be able to sell it for roughly what you paid.

Portable units are kinda useless, and there's no good place to vent it. The only window that is suitable is in the worst place imaginable.
 
How many units in the building?
Just buy the others out and then you can do what you want when you want.:)

Perp, appears to be on track with the insurance side of things and BC trying to cover themselves. As an owner you can call a special meeting to have it sorted out. Also do you attend BC meetings?
 
How many units in the building?
Just buy the others out and then you can do what you want when you want.:)

Perp, appears to be on track with the insurance side of things and BC trying to cover themselves. As an owner you can call a special meeting to have it sorted out. Also do you attend BC meetings?

I've not attended one, no. They sounds horrendously boring, and I'm not sure I'd be appropriately polite to them.
 
Portable units are kinda useless, and there's no good place to vent it. The only window that is suitable is in the worst place imaginable.

In case you do go down the portable route, we bought a great one from Aldi for approx $300, compared to $700 that all the other retailers were asking.

It's brilliant, powerful enough for the 2br flat we had at the time. The exhaust was a concertina arm that stretched really far so if the only window you have is out of the way, it would allow the unit to reach the area you needed it to cool without too much fuss.

Anyway, hope you find a solution that makes you & strata happy :)
 
Maybe you should consider going to one of the boring BC meetings and get some of the others on side. Why wouldn't you be polite?
 
Why wouldn't you be polite?

Cause he problaby has a reaosnsablwe not high threshold towards stupidity' laziness and incompetence ? :p

Anyway, the body corprate are going to get it installed in October 2010 so all's good ! LOL
 
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