Dear sir/madam, I am responding to your call for ... - NSW Fair Trading
Dear sir/madam, I am responding to your call for ... - NSW Fair Trading
Dear sir/madam, I am responding to your call for ... - NSW Fair Trading
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<strong>Dear</strong> <strong>sir</strong>/<strong>mad<strong>am</strong></strong>,<br />
I <strong>am</strong> <strong>responding</strong> <strong>to</strong> <strong>your</strong> <strong>call</strong> <strong>for</strong> responses <strong>to</strong> <strong>your</strong> discussion paper. Thank you very much<br />
<strong>for</strong> the opportunity.<br />
It is a very important issue and a complex document. I would like <strong>to</strong> be able <strong>to</strong> respond in<br />
regard <strong>to</strong> more matters than I have below, but I'm anxious <strong>to</strong> ensure that my most critical<br />
comments are received in time. So I will send this now.<br />
However, I <strong>am</strong> going <strong>to</strong> continue <strong>to</strong> comment on other sections, plus include the<br />
demographic in<strong>for</strong>mation you requested and will send another email in an hour's time.<br />
Kind regards,<br />
Terry Einfeld<br />
p52 Chapter 5: Managing Disputes<br />
En<strong>for</strong>cing By-Laws.<br />
This is the single biggest problem our executive committee has. We take our duties<br />
seriously and attempt <strong>to</strong> maintain our building <strong>to</strong> a very high standard without incurring<br />
excessive costs.<br />
When owners or tenants breach by-laws (eg filling car spaces with junk, throwing rubbish on<br />
neighbours balconies, making excessive noise, parking on common property, making<br />
unauthorised alterations <strong>to</strong> their apartment that may have safety implications or devalue the<br />
apartments as a whole), we contact them as best we can an in<strong>for</strong>mally ask them <strong>to</strong> desist.<br />
We then order a 'notice <strong>to</strong> comply'. More often than not, they are ignored. Irresponsible<br />
residents see the committee as a '<strong>to</strong>othless tiger'. We can write <strong>to</strong> them as often as we like,<br />
they don't care. As the members of the committee also work full-time, we don't have the<br />
time or opportunity <strong>to</strong> attend lengthy hearings at the CTTT. We are also concerned about<br />
spending the owners corporation's scarce funds on frequent legal disputes.<br />
Recommendation: That executive committee (or strata or managing agent on their behalf) be<br />
entitled <strong>to</strong> issue fines <strong>to</strong> those in breach of by-laws. These fines should then go back in<strong>to</strong><br />
administration funds <strong>for</strong> the owners corporation as a whole. They should also be entitled <strong>to</strong><br />
remove access <strong>to</strong> facilities (eg. access <strong>to</strong> visi<strong>to</strong>rs car spaces which requires bollard key,<br />
access <strong>to</strong> meeting room facilities etc) while the fine is unpaid or the breach continues<br />
p55 Chapter 5: Managing Disputes<br />
(d) Smoking<br />
Smoking is not a huge problem in our building. Luckily, the design and construction of the<br />
building seems <strong>to</strong> limit 'smoke drift'. The more obvious problem is people throwing (often<br />
large numbers, particularly after a party) cigarette butts on<strong>to</strong> balconies below.<br />
However, I believe that suggestions i,ii,iii and iv are valid. Residents should be made aware<br />
of the effect of their smoking on others (particularly those with ill-health) and if consistent<br />
complaints are received, it should be considered a breach of a by-law and a fine or other<br />
restriction imposed.<br />
Comment on the CTTT<br />
The anecdotal evidence I have come across suggests that the CTTT is currently not a highly<br />
respected body. Most people who have dealt with it (as individual owners or as committee<br />
members/representatives of the owners corporation) have reported that it is cumbersome,
unfriendly, and largely ineffectual (unable <strong>to</strong> do anything). The composition and terms of<br />
reference and code of conduct of this body perhaps should be reviewed also<br />
Chapter 2: Governance<br />
Participation<br />
Tenant representation.<br />
Tenants should be able <strong>to</strong> be invited <strong>to</strong> atttend agms and executive committee meetings as<br />
observers and <strong>to</strong> put comments and questions. However, they should not be able <strong>to</strong> be<br />
holders of office.<br />
I do not believe that voting should be compulsory <strong>for</strong> all owners. A number of our owners are<br />
non-English speaking or absent most of the time and would consider this an imposition. Most<br />
owners also do not play an active part and are not interested in the day-<strong>to</strong>-day issues as<br />
long as the building is being run well and fairly. Many would be <strong>to</strong>o easily influenced by<br />
particular committee members, if they were <strong>for</strong>ced <strong>to</strong> vote.<br />
Tranparency p.16<br />
Membership of committees should not be open <strong>to</strong> 'anyone nominated by an owner'. My<br />
experience is that these people do not have the s<strong>am</strong>e interest in the well-being of the entire<br />
block, <strong>to</strong> the s<strong>am</strong>e extent as oowners do. A nominated person should be able <strong>to</strong> attend<br />
meetings in the s<strong>am</strong>e capacity as tenants, as suggested above.