Hi everyone,
I have just purchased my first home. A middle story 1 br apartment in a 3 story Complex. Its a old block built in the 60-70's with a inground pool etc
My first question regards the pool. Being a first time owner im unaware of bodycorp although im cramming as much info as possible in all the time.
Its now Jan and its very hot. My bodycorp minutes from the previous owners meeting states the Block pays $1900 p.a for pool cleaning and mantinence. Ive been in since September and the pool has never been in use and has a cover over it.
What are my rights regarding this pool ? If i take the cover off and use it will i be liable for any possible injurys etc seeing i didnt get approval to do so ??? do i need approval to take it off ?
My fees are quite high and my first bill was raised due to defaults. Just seems a bit rich im paying for a pool that isnt getting used while at the same time get stung for extra money.
Any advice on this matter ?
Also im planning on removing the digusting old carpet and putting in floorboards. I have upper and lower tennants but our units are doublebrick outer walls with a concrete slab floor/ceilings.
Do i have to notify bc and if so is there is track record of issues regarding removing carpets for floorboards.
Thanks
Where is the property located ?
Richard Taylor | Australia's leading private lender
With regards to the pool use – contact the secretary of the BC and request a copy of the rules of the use of the pool. You are paying for the pool, unless it is out of commission (signposted/locked off) you should be able to use it. Use it anyway, if someone asks, plead ignorant.
As far as having to pay to additional fees to make up for other unit owners defaults – this is not on. Each unit owner has a liability and is charged as part of their strata levies. Any short payment comes out of the Admin fund and interest is charged on the outstanding amounts.
You will need to make sure of the adequacy of both the sinking fund & admin fund. If you can, join the BC at its next meeting and volunteer to be on the committee at the next AGM.
Hi toco,
The correct answer: Yes you should get permission on the floor boards as they can make noise for the other tenants.The practical answer: You are in a small complex. Get to know your neighbours. You will figure out quickly who the chairperson of the BC is. Then use your judgement.
We were on the top floor af a 3 story 12 unit complex. We just reno'd it. Put in floor boards as well as knocked out a wall (top floor and was confirmed by engineer was not structural). We even showed the chairperson who said it looked great!
So use your common sense, or follow the law to the letter!
Hi Toco
About your floorboards – I'd definitely get permission. You're new in this block so you don't have a feel for what fellow owners 'can get away with'. If you put down solid floorboards without permission and the owners corporation take action to have the situation remedied, what then? It will leave a crappy taste in everyone's mouths…
The big problem for new flat owners is often that they are unaware that you have far fewer rights and many more obligations, than if you had bought a house for your PPOR.
About the pool: if a few people aren't paying their fees then in a small block its pretty noticeable. Eventually the body corpporate will extract their money, but meanwhile there might be a shortcoming in the admin fund. This is exacerbated if the sinking fund is already pretty depleted. Maybe thats why the pool cover is still on? I'd ring the strata agent to find out about this and the general state of the block's finances.
good luck
Hopefully your solicitor actually checked the strata records to see if there were any problems with Body Corporate & that the Strata Plan was being correctly administered, including its finances.
The executive of the BC should be able to rebalance the admin/sinking fund contributions at the AGM or at another meeting to better meet the operating costs of the building.
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