Forums Pets: Furry friends … or fiends? Current Page

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  • #10604 Reply | Quote
    Kittycat123
    Flatchatter

      I’ve just bought into a strata unit scheme in Brisbane city region and have asked for an application to house a cat in my garden apartment. 

      The strata manager has come back saying a Flying Committee Meeting will need to be held at a cost of $110, payable by me. 

      I also own a townhouse in Sydney, whenever someone wanted to keep a pet, our strata manger used to email the completed application and we had to say yes or no. There was no cost involved to the applicant or to the Strata scheme. 

       

      For the QLD property, is this true about the Flying Committee Meeting?  I have never heard of this before and is there anyway around this?

      thanks in advance!Smile

    Viewing 4 replies - 1 through 4 (of 4 total)
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    • #25361 Reply
      Jimmy-T
      Keymaster

        I did a quick Google search on this and found an article written by me (which was gratifying, if nothing else).  This is what it says:

        In Queensland the committee can also vote on issues without formally holding a meeting. There a “flying minute” is used, for instance, when urgent work needs to be approved in a hurry.

        According to this document, “decisions may be made in this manner if all committee members are given written notice of the motion and a majority of the voting members of the committee gives written agreement to the motion.

        “The notice (or the ensuing committee member’s agreement) does not need to be in writing and can be given orally or by some other form of communication. Any motion voted on under these provisions must be confirmed at the next committee meeting.”

        So what you have probably come up against here is a combination of infrequent committee meetings and a strata manager who charges on a per-use basis, rather than a flat fee.

        If you want a decision on your cat before the next EC meeting, which could be months away, this is extra work for the strata manager and he is going to charge you for that.  Otherwise, I would assume, your committee will just say wait until the next EC meeting.

        So find out when the next EC meeting is and decide if you can wait that long. There should be no charge if your request is part of a meeting that would happen anyway.

        If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.
        #25364 Reply
        Kittycat123
        Flatchatter
        Chat-starter

          Thanks Jimmy, great advice. 

          I have been informed the next AGM is July 2017 and there are no meetings scheduled before then!  

          As it will be an indoor cat, I’m toying with the idea of not getting approval and run the risk as I plan on living there for 12 months only. 

          #25469 Reply

          Good one Kittycat 123… as a (I presume) tenant “the System” is on your side (assuming your owner/landlord is happy).

          Even with  an efficient EC Secretary and/or agent you can probably count on at least 12 months if you play The “System”:

          1) the EC needs to include in notice of meeting [on board or mailed to each owner] and vote/minute a decision to ‘enforce the No Pets ByLaw’: allow 3 weeks

          2) you request (in writing) to be present at the EC meeting (you cant vote but can see who is leading the attack: do the others really care?)

          3) ignore any verbal notice: ask for the decision in writing

          4) ignore the EC letter; they will need to apply for OFT mediation (21 days is common time lag) 

          5) OFT will take 7-10 days to respond, and allow 14 days for you to respond/agree [to mediation]

          6) expect to wait at least 6 weeks for a mediation date [note: the outcome of mediation doesn’t matter: if there is no consensus you are no worse off (and 4-5 months should have passed).

          7) offer to comply with the ‘model’ ByLaws with regard to this cat

          8) if your elderly mum has passed away leaving you to care for her cat it would be a nice touch?

          And so on….

          Your timing is fortuitous: the (current) Minister’s inbox will be full when the “forced sale” and “holiday rental” and “agent overpricing” issues hit the Fan: he is not likely to have spare time to follow one small cat!  And of course you can promise to remove the cat “at the end of the lease”.. which should only be a couple of months away!

          And with country OFTs all closing and/or relocating, the times above will be minimum! 

          Good luck!!

          Woftam
           

          #25471 Reply
          Sir Humphrey
          Flatchatter


            @JimmyT
            said:
            …So what you have probably come up against here is a combination of infrequent committee meetings and a strata manager who charges on a per-use basis, rather than a flat fee…

            So, why can’t the EC just have a meeting, make a decision and minute it, all without involving the strata manager?

            That said, if you plan to leave in 12 months and it is an indoor cat bothering no-one, and from the sound of how this OC is run, I suspect it will be a year before the EC gets around to doing anything about your cat. I would be inclined to lay low. 

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          Reply To: Flying Committee Meeting To approve a cat??
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