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I think this agent has misinterpreted Section 79 (6) of the Act:
(6) An owners corporation of a large strata scheme must include in the estimates prepared at an annual general meeting—
(a) specific amounts in relation to each item or matter on which the owners corporation intends to spend money, or on which the owners corporation is aware money will be likely to be spent, in the period until the next annual general meeting, and
(b) a note as to any difference between the estimates and the 10-year plan for the capital works fund prepared under this Division and the reasons for the difference.
A fault in the fire protection system is no way comparable to major structural defects in a building, as occurred in the mentioned Mascot and Opal buildings.
In NSW the Strata Roll has to have a copy of By-laws.
Unless a by-law specifically excludes bicycles, I recall reading previously they can be classified as “vehicles” when it came to them being “parked” on common property.
By-laws also usually permit an owner to install fixtures for security/safety without OC consent. Would this cage need securing to a floor or wall?
– I have been told pets are not permitted by the strata by laws but no one can produce the document for me.
Isn’t it a legal requirement that the by-laws are included in/with the Tenancy Agreement?
Information available here:
AS2118.1 1999 Clause 5.4.8 – Clear space below sprinklers
Except as provided in Clauses 11.1.3.4(b) and 11.1.3.6(d) a clear space not less than 500 mm shall always be maintained below the level of the sprinkler deflectors throughout the room. For high piled combustible stock, clearance not less than 1m shall be provided. Roof trusses shall at all times be accessible to water discharged from the sprinklers.
Can Lot owners put “no smoking” or “no pets” clauses in leases?
Even though the by-laws may “allow” it, you would still have the obligation to comply with any safety and security rules or guidelines associated with it.
I’d be checking out the plan’s insurance policy requirements. There may be restrictions based on security and ventilation.
If the “business” has a new owner, does that invalidate any agreement the OC had with the previous caretaker? Has the new owner officially notified the OC?
Perhaps time to call new tenders for the service?
Three things: isn’t this for the new business owner to sort out, at their cost? And if the person working for $10 is a resident would the activity not be covered under your general insurance? A simple check with the insurer would confirm such. And getting an ABN is a pretty standard free thing and very easy to get, so they should just register to get one. But for a tiny $120 a year in income that might be swallowed up in end of year extra accounting fees to keep the ATO on-side.
As I understand it:
Strata insurance usually provides cover for volunteer/unpaid workers. Once you start paying them they become employees or contractors.
For employees you would require workers compensation coverage.
Public liability insurance policies usually require that anyone operating a business within the insured premises has their own PL coverage.
Perhaps the tenant could “volunteer” to do the work, but receive “reimbursement for expenses” from the OC?
I wonder if this defaulter is up to date with his council rates? Councils can sell “land” to recover unpaid rates after 5 years. Would this extend to strata lots?
What happens when there are two EVs (or more) in the building? Are they going to share that power point?
Not withstanding the difficulties in finding alternative parking, is that reference to the insurance a bit of over reacting? Surely a policy would have some leeway to allow the holder to go away for a couple of days, or even longer. What if they just park in the street to go a restaurant, do they believe their insurance would be void because their car is not at home. From memory, the question asked about garaging includes “normally” in the wording?
Who would get this “late fee”, the OC or the agent? Wouldn’t you only be deemed “unfinancial” if you have not paid the levy and any interest accrued?