- This topic has 5 replies, 6 voices, and was last updated 11 years, 8 months ago by .
-
Topic
-
If a property external to the strata ( a neighboring property) submits a development application that impacts a number of lot owners, is it the strata’s responsibility to respond on behalf of the affected lot owners? Thank you.
-
Replies
-
I must admit to being a bit irritated when people talk about “the strata” doing (or not doing) things that they think should or should not be done. Do they mean the managing agent (who acts on behalf of the owners), the Executive Committee (who are responsible to their fellow owners) or the general body of owners (which includes the complainant)? My view is that we, the owners, are all “the strata” and we have a joint and individual responsibility for the proper management of our shared asset.
In response to David’s specific question, did he learn of this application from the local council? In my area (eastern Sydney), the local council advises individual owners potentially affected by a proposed development and invites comment. It is open such owners to express objections and, if David has concerns, he should certainly take advantage of the opportunity. I am not sure what collective standing the owners of a strata plan may have in such a situation, but no-one will be shot for trying by filing a joint response to the application.
Whilst that’s an interesting question, I would point out that the Strata Scheme itself is not a ratepayer, nor can it vote in (or out) members of the Council. My belief is that the affected unit owners should all be encouraged to prepare individual submissions on the application reflecting their concerns.
DaveB
Some ECs are on to this kind of thing immediately as they can see the benefit to the whole building of keeping tabs on nearby developments, some say it’s none of their business and others determine their involvement on whether individual members of the EC will be affected.
The best-case scenario is that individual owners who will be affected should write to their council and the EC should also write in on behalf of the owners as a whole (on the casis that at least half the owners in most buildings don’t live their and have little idea what’s going on). Tha said, there is no compulsdion on the EC to do anything.
If your EC refuses to get involved, all owners can do is wait until the next AGM and vote them out for not having the best interests of the whole building at heart.
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.
I would say that any individual owner should make comment if they feel they have some worthwhile comment to make. Similarly, if the EC, representing the OC as a whole, feels that there is a worthwhile comment to make in the interests of the entire OC or part of the OC then it should also submit a comment.
Anecdote: I recall an occasion when our local government called for comment on a development down the road from us. It was for a government building providing an important local service. One owner put in a negative comment and drew it to the EC’s attention hoping we would similarly object. We could see no negative effect on the OC, or logic to support the owner’s concerns. Indeed, we believed that the OC as a whole could derive a benefit from the availability of the service from close by without any negative consequence. We then submitted a comment welcoming the development.
There is a nearby development about every 6 months in the area of my OC (inner Melbourne).
The council sends out notices to all affected residents for their comments. The council’s mail is to an address only, not to a person. Major works are also advertised on the affected property itself.
We on the OC committee sometimes send out an email to all our residents and owners (including non-resident owners as well) if we think there are potential issues that will affect our building.