[clive2000]

If you went to the AGM, then you would have seen who got elected onto your executive committee. If you don’t like what they have been doing, then vote them out next year and nominate yourself for executive committee.

[clive2000]

There is a little known and little understood section, section 44, of the Strata Schemes Management Act, which provides to the effect that the bylaws are also a contract between owners and tenants. So, if anyone breaches a bylaw, then technically, they are also breaching a contract which any other owner or tenant could sue for damages on if they can prove they suffered a loss as a result of the breach.

 

However, I am unaware of any cases on section 44.

[clive2000]

We had an EGM some time ago. We never had any officeholders appointed so there was no secretary. Our strata manager had the delegated powers of the executive committee but as we were replacing them, we bypassed them altogether. All owners who showed any interest in the issue agreed to the EGM resolutions, none opposed, so we went ahead and had the EGM, arranged it ourselves, sacked the manager and appointed a new one. The sacked manager didn’t complain.

 

If you are in a harmonious building or there is no opposition, you can probably get away without complying with all the technical requirements of the Act for calling meetings. What the courts look at is whether had the ECM been convened correctly, would the result have been different. If the answer is no, then the ECM resolutions stand.

 

Anyone who is not happy with the outcome of a meeting can also requisition a new one to reverse the outcome.

[clive2000]

Thanks Struggler, what you say is exactly what I think about this. We have had more instances in the past week of owners/residents breaking common property. No-one seems to realise that at the end of the day everyone pays their own money to fix these things whether it’s through levies (for owners) or rent (for tenants who indirectly pay their landlord’s levies).

Those who do care and make an effort to make sure everyone does the right thing end up feeling like the police or a parent disciplining a child. 

[clive2000]

I had a similar problem and I complained to everyone: the EC (useless), the strata manager (completely useless), the police, (they only showed up once despite complaining about 5 times) the local council (they wrote a few letters to the tenants but didn't follow up) and eventually the landlord's managing agent (most effective). I told the landlord's managing agent that they had to take steps to stop their rowdy tenants, otherwise I would hold the landlord responsible. I quoted legislation and cases to the landlord's agent. I collected evidence on the noisy tenants (eg photos of them leaving rubbish on the common property and their pet cat which they were not allowed to have, conducting business from residential premises) and presented it to the landlord's agent. 3 months later, the tenants moved out.

 

You have to attack the problem from every angle possible and collect evidence. Eventually, someone will take action against the tenants.

[clive2000]

A person who damages another's property negligently can be sued for damages, so likewise your owners corporation should be able to sue anyone who negligently damages the common property.

 

Also, section 44 provides effectively that the bylaws constitute a contract (covenant) between the OC, and individual owners and tenants. So technically, anyone who is bound by a bylaw and breaches it, is in breach of contract and can be sued for damages in say the Local Court (I understand that CTTT doesn't have jurisdiction over damages claims for breach of contract or negligence), although I have never seen section 44 used in such a manner. If section 44 could be enforced in this way, then there would be no need for notices to comply etc to be used, and the OC could sue the tenant directly.

 

Perhaps some of the lawyers could comment further.

[clive2000]

You need to get real and stop being so technical. Fred is doing your OC a favour. It would cost a lot more than $600 to have a professional strata manager. If your block is run harmoniously, why put it in jeopardy by being so mean? Ultimately, if Fred gets his act together and convenes the proper meeting and demands a poll, he and the other unit with 300 will prevail, and in the meantime, you would have created disharmony and wasted time and money.

[clive2000]

Needless to say, our 15 year plan is lightweight and doesn't allow for much work to be done until well over the half way mark, even though we are having issues in year 4. It is not worth the paper it is written on.

[clive2000]

Our building has old Foxtel cables (referred to as Foxtel Lite) but we haven't bothered to update them because no-one seems interested in it. However, I raised with our Strata Manager earlier this year whether we would have to do something to our building once the NBN comes around. He was clueless (like he is on most things). At the end of the day, cables are just like pipes and electrics, so I don't know why these things are not upgraded (and why no-one bothers to think about making provision for it).

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