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Strata law

Discussion in 'Legal Issues' started by MyPropertyPro, 25th Nov, 2016.

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  1. MyPropertyPro

    MyPropertyPro SE Qld Property Management & Investor Services Business Member

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    Hi all,

    I have a conundrum with regard to strata law vs. by-laws that I'd like to run past a solicitor who specialises or at least has extensive knowledge in strata law. It's regarding one of my apartments in Sydney.

    Is anyone able to help?

    Cheers,

    Andrew
     
  2. Scott No Mates

    Scott No Mates Well-Known Member

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    Throw the issue out there and we'll add our professional 2 cents...
     
  3. MyPropertyPro

    MyPropertyPro SE Qld Property Management & Investor Services Business Member

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    Great, thanks.

    I've recently had an extractor fan break in the ceiling of my unit and although the NSW Office of Fair Trading website clearly states that anything in the ceiling is the Body Corp's responsibility, the building manager has sent me By-Laws stating that the air ventilation system (and many other normally Body Corp areas) is the owner's responsibility in this particular building.

    My question is - do the By-Laws override the common law responsibilities of the Body Corp and if so, can't all new buildings simply pass by-laws to absolve themselves of common law responsibility?
     
  4. EN710

    EN710 Well-Known Member Premium Member

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    Bylaws_in_a_strata_scheme

    Is ceiling included in Strata Schemes Management Act 1996?
     
  5. Scott No Mates

    Scott No Mates Well-Known Member

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    A bit of a curly one as the fan may be part/attached to the ceiling and be connected to your power OR it may be an inline fan running on common power.

    It is likely that it is powered from your light switch so it's yours. if it runs continually then it belongs to the BC.
     
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  6. MyPropertyPro

    MyPropertyPro SE Qld Property Management & Investor Services Business Member

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    Thanks Scott, that would probably explain it.
     
  7. Russ

    Russ Well-Known Member

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    Fair trading's page here says "the following will generally apply" (emphasis added) Repairs_and_maintenance

    Be careful with anything you read from Fair Trading. They administer the act but could go a lot further to helping with guidance. SCA's "Who's responsible" is the better reference, but even it is not definitive.

    By-laws absolutely CAN change who is responsible.

    The strata plan can also be written in such a way that the definition of Lot vs Common Property differs from from what is normal.
     
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  8. MyPropertyPro

    MyPropertyPro SE Qld Property Management & Investor Services Business Member

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    It was about $500 after the electrician got in there, replaced a few parts and made a couple of trips to do so. We are talking about Sydney here...

    In any case, where it's $70 or $7,000, the premise of the question is the important part, not a dollar amount. Next time when it's $7,000 I want to be able to get it right.

    Thanks for your help everyone.
     
  9. Chilliblue

    Chilliblue Well-Known Member

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    Daniel Dymock of Block Strata in Sydney
     
  10. So are you prepared to spend 70 on legal or tax advice or do u want 7000 of free guidance? After all the premise of the legal question is most important.

    I would think information before throwing in non deductible travel is important