Forums Living in strata Current Page

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  • #8023 Reply | Quote

    Hi

    I am a newbie to this forum as this is the first time I have lived in a strata.

    The strata scheme that I am part of, consists of three separate buildings that are under one strata scheme, and the EC are political, mean and are disliked by many.

    I wanted to know if there was any way that i could get the strata scheme split up so that each building within the current scheme could form its own strata, and if so how does one then

    a) share common costs, such as water, refuse & garden maintenance

    b) split the current funds in the existing scheme

    c) understand the % of owners that need to agree on the overall scheme in order to be able to proceed

    d) approximate cost of doing this

    Regards

    Truly DesperateCry

Viewing 7 replies - 1 through 7 (of 7 total)
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  • #15136 Reply
    Jimmy-T
    Keymaster

      The idea would be to crete separate strat for the running of each building and then an over-arching strat scheme or community title for the communally shared services such as you described.Apart from it being expansive and time consuming to get ba ll the legals exactly right, you would still need to get the majority of people in all three buildings to agree … and that's exactly what you'd need to do to oust the current EC (only without all the legal hassle).

      What you need is a coup and the best way to do that is to present a viable alternative Executive Committee at the next AGM (or an extraordinary general meeting if you can't wait). 

      Even if, as you say, tha majority of residents hate the current EC, your problem is going to be convincing proxy voters to support you – too many of them just give their votes blindly to “the chairman”.  However, if you can convince  investors that the value of their property is being damaged by the way the strata block is being run, they will come to you in droves.

      Forget reconfiguring the strata scheme – take control first, then decide what to do.

      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.
      #15137 Reply

      Hi thanks for that info.
      One point I didn’t mention is that the 3 blocks are different sizes. We have 1 block of 2, 1 block of 5, and 1 block of 33. The blocks of 2 and 5 have the largest unit entitlements, therefore pay the most into the strata scheme per unit, but when it comes to voting for anything as the largest number of voters are in the block of 33, the needs of the other blocks are unheard. Whilst there has been discussion of a coup, the numbers make this impossible.
      Is there any other way we can address this?
      Thanks!

      #15138 Reply
      Jimmy-T
      Keymaster

        You need to start calling for a 'poll' whenever there is any king of a vote – that means the votes are counted on the basis of unit entitlements so the people who pay the higher levies also get a higher vote.

        Get to know the people in the big building who are also suffering  and you could have enough votes to make a difference.

        By the way, anyone can call for a poll vote at any time at a general meeting

        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.
        #15153 Reply
        Sir Humphrey
        Flatchatter

          livestrong said:

          Hi

          I am a newbie to this forum as this is the first time I have lived in a strata.

          The strata scheme that I am part of, consists of three separate buildings that are under one strata scheme, and the EC are political, mean and are disliked by many…

          Of course I don't know your situation but where I live I would be a part of that EC that some would describe as political, mean and disliked by many. I actually think it is a rather small but noisy minority that only talk among themselves that think that. I like to think a quiet majority think we are doing a good job. If you are new, perhaps it is worth sitting back to observe for a while.  Are you sure you have not just been told the stories by a few people who are disgruntled giving the impression the EC is mean, political etc.?

          Still, demanding a poll to vote in proportion to unit entitlements could be helpful. Launching straight into restructuring the entire owners corporation might be diving into the deep end!

          #15281 Reply
          greg
          Flatchatter

            livestrong said:

            The strata scheme that I am part of, consists of three separate buildings that are under one strata scheme, and the EC are political, mean and are disliked by many.

            I would say that is how everyone would describe a group that does not supply what is being asked for….possibly…

            On another note, it sounds like something you would be better removing yourself from, even though it is easy to say that….

            #15282 Reply
            Whale
            Flatchatter

              Greg – matters involving the relationships with the E/C aside, the splitting of the Strata Scheme as you originally suggested is in fact a Strata Sub-Division, that follows precisely the same process as would apply if a Developer has just completed construction of a residential building and then wanted register the complex under Strata Title.

              Whilst the expense and degree of difficulty is governed largely by the number of Lots involved and the value of those (as determined for each by a qualified Valuer), if there are any “attachments” to those Lots (e.g. parking spaces), and how the Common Property is divided, there is an easier way.

              Taking on board Jimmy’s suggestion about splitting the Strata and then having some overarching entity under a Community Title or similar, your O/C could apply to the responsible State Agency (Land and Property Information in NSW) for a “Subdivision of Lots only”, where as the name of the process infers, existing Strata Lots may be grouped together and Registered separately on the original Strata Tile, and with Common Property remaining with the O/C under that original Strata Title.

              You can find some information on this less complex and less expensive process here – https://rgdirections.lpi.nsw.gov.au/strata_schemes/after_scheme_commenced/subdivision_of_lots_only but you would still need some degree of competent Legal assistance to proceed. 

              #15316 Reply

              Hi Whale

               

              thanks for your sugestions, I will raise these with my lawyer next week when we catch up on exisitng matters.

               

              Rgs

              Livestrong

            Viewing 7 replies - 1 through 7 (of 7 total)
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