Pearl! I'm trying to understand one of our strata bylaws. Can you assist me with it? NSW. Can you help me to interpreter

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Customer: Hello, Pearl! I'm trying to understand one of our strata bylaws. Can you assist me with it?
JA: What state are you in? It matters because laws vary by location.
Customer: NSW
JA: What steps have you taken so far?
Customer: Can you help me to interpreter this bylaw?
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no thank you
Answered by John Melis in 1 hour 1 year ago
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John Melis
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John Melis, Expert

Hi, I’m John Melis, solicitor, and I am in Australia. I want to thank you for taking the time to speak with me today. Your question means a lot to me. If I were in your position, I would feel just as you do. If I understand you correctly I suggest the following:

The New South Wales Civil Administrative Tribunal “NCAT” is perfect for meditating disputes. It forces the parties to come together to discuss the issues involved.

Before raising a claim in NCAT, you should file for mediation at Fair Trading. If the matter does not settle at Fair Trading, then obtain a certificate that mediation failed, and commence an action at NCAT.

In most cases at mediation, the matter will settle.

Your case is civil.

You will be the applicant. The other party is the respondent.

The document you file in the tribunal is the points of claim. This correspondence needs careful preparation. I recommend you download the application first and complete the same. Then upload as required to commence the lawsuit.

Draft the complaint in a chronological order detailing the issue and what action you have taken to try and rectify the matter.

The alternative is to apply to the local court. In court, you may recover your legal fees.

The following link will assist you further. http://www.ncat.nsw.gov.au

There are various help menus on the website that will assist you in finalising the application.

Make sure you have all your evidence for the case.

Once you lodge your application, you will receive notice from the tribunal with the next steps to follow.

​I thank you kindly for reaching out today.

I appreciate your assistance with a rating of five stars, as this helps me support the community.

If there is anything else, big or small, that I can help you with today, please let me know?

Customer
Sorry but your answer isn't relevant to my question
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John Melis, Expert

I kindly request if you could please clarify your question in more detail. If you look at your original post, I only see that you have a query regarding strata laws. If you cannot resolve the matter with the strata committee, the Next step is to raise proceedings in the tribunal. I await your update.

Customer
Good morning, John! Our apartment block bylaw states that “Exclusive rights of usage of floor and wall tiles: The proprietor of a lot is gained exclusive rights of usage of floor and wall tiles forming the boundary of the lot in the bathroom, laundry, kitchen or any other area of the lot excluding the balcony area, in consideration for which the lot owner shall be solely responsible for the maintain, renewal, replacement or repair of the tiles. This approval is subject to the owners corporation being provided with a copy of the waterproofing certificate for any wet areas and the contractors building license and insurance.” According to this bylaw owner is responsible for tiles and their maintenance but who is responsible for each of the following cases: waterproofing layer underneath the floor tiles? Leaking water membrane? Cracked shower tray underneath the tiles? In case if the tiles are original and never been replaced. Thank you
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John Melis, Expert

Andrei, if the area in question falls under the lot owners subdivision, then it'll be the lot owners responsibility.

Customer
What does ’ the lot owners subdivision’ mean?
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John Melis, Expert

The plan of subdivision has specific areas which are classified as lots.I thank you for reaching out today, and I look forward to hearing from you soon.
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