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We had a general meeting today and I nominated myself for members of the strata committee. Currently I am having a dispute with the OC regarding a common property repair. I submitted a strata mediation through NSW fair trading. Because of this, the strata manager said I’m not eligible for the nomination. We have to resolve the dispute first. Is that correct? What if an existing member has a dispute with the OC? Does she/he have to get out of the committee first? Cheers
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… the strata owes council 2 years of water related bill from years before. I just became an owner early this year. Should I pay this bill?
This is really between you and the previous owner (and whoever did the search on the strata minutes before you bought). In reality, I think you’ve missed your chance.
The level of non-compliance and incompetetence in your block is incredible. I would be raising a complaint with Fair Trading about the strata manager and would seriously consider taking action at NCAT to have the other members kicked off the committee under Section 238 of the Act.
Or you could just say to the committee members and the strata managers that these are your options and do they want to do this the easy way or the hard way?
I would also consider contacting our sponsors Strata Answers and asking them to come in, give the committee and the strata managers the facts of life (for a fee) and then try to move on from there.
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Will Strata Answers represent a client to deal with OC and strata manager?
They used to, for a fee. Don’t know if they still do as they are now providing strata education services for City of Sydney. You might also call Sachs Gerace and see how much it would cost to get them to write a letter to your strata manager explaining how they have broken the law and what they need to do to fix it..
By the way, you might also explain that it doesn’t matter what the committee decided regarding conflicts of interest – the law is the law and they can’t ignore it when it suits them.
And I would report the strata manager to Fair Trading immediately.
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The extraordinary general meeting was conducted almost half year ago. Now it seems that it was conducted in a wrong way. Does that mean the absolution of maintenance by-law they passed at the meeting is not valid? Or that it passes a time limit, it cannot be undone?
The limit on challenging by-laws is, I think, two years. However, there is a wrinkle in strata law that says that says just becasue an element of a meeting was wrong, not all the decisions taken at that meeting are invalid. It’s complicated and you would probably have to show that the actual decision to create the by-law was improperly taken.
And at this point I’m getting preilously close to giving legal advice which I am not qualified to do. You should talk to a lawyer.
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BTW, I had a conveyencor to look at these matters, would strata minutes searching be one of their duties?
There are searches and there are searches. A more thorough (and therefore more expensive) search would have turned up the debt to council, an ordinary search probably wouldn’t have. You get what you pay for.
I recall one case where a purchaser’s lawyer’s strata search failed to pick up strata committee notes that they were intending to ban pets fom the building. By the time she had exchanged, the new by-law was in place and she was told she couldn’t bring her dog into the building, even though she had chosen that flat becasue the block was supposedly pet friendly.
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