- Hi Everyone,I found this site looking for assistance we have with our Body Corporate. We reside in our property and have done so since 2007 (please move if this is in the wrong spot). Not long after we moved in the neighbours bought and moved in also. The property been left to look terrible since. For such a lovely street that is always maintained it stands out like a sore thumb. We have complained time and time again about this but nothing every gets done. It now appears they are continuing to break more rules and the place is looking like a total mess (blinds have been ripped down, broken driveway, parking in visitor bays, rubbish bins left out, the list goes on)! We are at our wits end and at the point where we think its time to seek legal advice. I'm wondering if anyone has any suggestions on how this can be handled without a screaming match going on at the next body corporate meeting. We feel we are being unfairly treated, seeing as we were the ones that wanted to live in such an estate and paying good money. They clearly do not want to abide by the rules at all whilst our investment goes down the drain.Does anyone have any ideas on how we should handle this?Thank you.
What council district do you live in? Some councils are pretty fussy about adhering to rules. Straight up front I could suggest contacting council to ask if there are any by-laws they can enforce that penalize leaving the bins out when it is not bin night…. perhaps there are some littering by-laws that can be leveraged as well.
As for the broken driveway, that is a trip hazard that is a law suit waiting to happen. That'd be something worth pointing out to the body corporate.
Jacqui Middleton | Middleton Buyers Advocates
http://www.middletonbuyersadvocates.com.au
Email Me | Phone MeVIC Buyers' Agents for investors, home buyers & SMSFs.
Take photos of anything you feel goes against your strata by-laws. Present them to the strata manager.
At our recent AGM of council of owners, one owner presented photos showing no less than four apartments had erected structures or done something contrary to the strata rules. With photographic action it is easier, and potentially less emotional, to make a difference. Take photos of everything, and get your hands on your copy of the strata rules so you can identify which clauses are broken.
do you know if it is the owner living there or tenants? if its tenants, see if you can find out the property manager details and notify them.
You won't belive it but it's actually the owners son and his wife. I think normal tenants would treat the property better! I would feel so ashamed if that was my parent's house.
We have told the BC time and time again, nothing gets done.
I will start taking photos of everything.
Thank you!
Hi Peachey1
What state are you in, and is it a complex of villas, townhouses or community title? Each state is slightly different so need to know that first.
Thanks everyone, the council does not have anything to do with the street. It is fully managed through the B/C agent. And it's a street of townhouses
My suggestion would be to document the problems, and take photos. identify which by-laws are being breached and ask the strata manager, in writing, to address the breaches, in writing, with the offending owners, and provide you with a copy. If the letters are ineffective, then either you as an individual owner, or the owners corporation, can lodge an application with the relevant body seeking a remedy. This might be mediation, a fine, or an order. In NSW you apply to the CTTT however each state will have slightly different rules for how this is done and their website will explain the processes and provide the application forms.
Unfortunately, it is one thing to write/speak to an owner or resident asking them to comply with the by-laws, but actually having the by-laws enforced is an altogether different matter and requires the applicant to be committed to the process. The strata manager cannot enforce by-laws beyond writing threatening letters. That responsibility lies with the owners corp or affected residents. However, whatever is done must be in writing so there is proof that the offenders have been made aware and given the opportunity to cease.
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