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[JonH]

We are undertaking major renovations that were approved in principle at an AGM ie the alterations that are being made to the common property (eg air conditioner on the roof etc) were put before the owners at the last AGM and approved unanimously.   The SC then advised that a by-law should be submitted and approved prior to the work commencing.

The by-law has been submitted and the SC have advised it needs to be reviewed by their solicitors however they will not pass it on to the solicitors until the committee members have reviewed it at a SC meeting (even though it documents works they have already approved) and that they will only review it at a  meeting held in person (not electronically).

The works have already been extensively delayed and this proviso will delay the works indefinitely.  What can we do?  The precedent has been that once the works have been approved by the SC it was OK to go ahead with the renovations and the by-law passed at the next scheduled general meeting (AGM).  As far as we know we are the first to be required to have a by-law passed before commencing work.

We are not averse to paying for their solicitor to vet the by-law and are not averse to calling and paying for an EGM – we just can’t get them to look at it.  The tactics being used to delay, we feel, are vindictive.

Could we ask NCAT to order that the by-law be made?  How long is that process likely to take?

 

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[Jimmy-T]

You can seek orders under Sections 232.1 (e) and  232.2 (below).

232   Orders to settle disputes or rectify complaints

(1) Orders relating to complaints and disputes 

The Tribunal may, on application by an interested person, original owner or building manager, make an order to settle a complaint or dispute about any of the following—

(e)  an exercise of, or failure to exercise, a function conferred or imposed by or under this Act or the by-laws of a strata scheme,

(2) Failure to exercise a function 

For the purposes of this section, an owners corporation, strata committee or building management committee is taken not to have exercised a function if—

(a)  it decides not to exercise the function, or

(b)  application is made to it to exercise the function and it fails for 2 months after the making of the application to exercise the function in accordance with the application or to inform the applicant that it has decided not to exercise the function in accordance with the application.

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[kaindub]

By all means go to the tribunal. However now is not a good time to depend on the local courts. All unimportant matters are on hold till about September and after that you have to get a hearing date, amongst all the other matters that have been held over.

See how you can assist the committee to get your application through.

Consider also that building works will be delayed because of covid19. I don’t know how but expect it.

 

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