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Hi Frank, I identify with your issue regarding pets. The basic issue seems to be once an OC has given approval, the process of proving a pet is a nuisance can be difficult. Often by the time you have gathered sufficient evidence a pet can have caused considerable damage.
I want to raise one issue with pets and that resulted in one owner in our strata being denied a pet. I was not sure how to address the refusal so raise it here for feedback.
We live in a strata complex close to a reserve. The OC has approved a dog with the normal strict conditions eg leash, owner pays for damage.
One set of owners applied to keep a cat. Both occupiers worked full time. The owners said the cat they would get was very domesticated and would rarely go outside their lot (which had a courtyard).
A vote of the OC denied them on the basis that cats are known predators of small wildlife of which there is plenty around our strata. I have to confess to having seen many media articles saying this. Also having lived in other neighborhoods where cats have roamed free (despite the denials of their owners) I have to confess to having some empathy for those who voted to deny the owners.
I am not sure if our OC’s vote would hold up before a tribunal. What do others think?
I am pretty sure that you don’t need WC insurance as long as you don’t exceed payments to a workers over a certain amount in a year.
One of the stratas I belonged to had WC, we hardly ever hired anyone. When we researched it because we didn’t pay over $7,500 (I think but that was a while ago) in wages in a year we didn’t need it.
I am happy to be corrected on current position as the above was years ago.
My two cents worth. There are two ways the OC can move this forward both involve the OC making a claim.
1. Just make a claim and see what the insurance company does. The insurance company may ask for further information via a formal statement. This would need to be supplied by the relevant owner.
2. The OC can get a statement from the owner as to how the damage was caused. This can then be submitted with any claim.
If the insurance company decides to pay they can decide if they have grounds to pursue action to recover the amount from the relevant owner. In legal terms the insurance company “stands in the shoes” of the OC and are allowed to do this.
I don’t know the legalities specific to AGMs and agendas but my experience in both business and strata is that one of the first steps in drawing up an agenda for groups such as strata is to request agenda items from stakeholders (those who have an interest). It is certainly the practice our Strata has followed ever since I have been involved.
Even if the agenda was correctly (according to your contract) drawn you can forward items to the Strata Manager to be discussed/voted on and those things have to be discussed at the AGM.
I would suggest that you request that your items be forwarded to the same people as the SM’s original. I can’t imagine on what grounds the SM would be able to deny your request.
Who Pays, you summed it up when you said “the trail gets messy/murky and fragmented.”
If you can prove negligence upon anyone’s part the strata can sue them (legal action). The strata MIGHT even win. Legal action can be expensive. I doubt if the strata would have the required evidence.
Mostly people I have witnessed in this position I just tell them to grin and bear it!
Agree with all above. My two cents worth:
So many strata and owners are obsessed with the absolute level of levys. Surely it is what they are used for that is important. Since our strata has been doing our 10 years plans (as required by legislation) we have trebled our levys.
We not only do a 10 plan for the Sinking fund but the Admin fund. I find that when people are aware of the reasons they are usually ok with any increases.
I think that owners (especially owners who don’t live there) get nervous when they don’t know where the money is going. Transparency is the key.
As for a limit on increases, never heard of it or seen it. Again a properly constructed budget and 10 plan is vital.
either replace or give tenants a reduction in rent for reduced amenities.
I am sorry Jimmy I think you have over estimated me!
I am definitely not better than that …. you will have to in the words of that great philosopher Pauline Hanson “please explain” *smile*
I basically agree with everything Jimmy says. Especially getting the Notice to Comply out asap.
What I find interesting and in your favour is that: “After firstly responding dog belonged to a visitor and was only there once” They later changed their story to “They consulted a Solicitor during process of purchasing unit who provided them information that new rules would permit them to keep an animal. As such they took all reasonable steps to ensure they complied”
You should get evidence as to their statement re the dog being a visitor’s, that could be a statement from the person they verbally advised.
It would also be interesting to see what evidence they have of this solicitor’s advice. My guess is it won’t be in writing at least not in the purchase documents. What were the “all reasonable steps” they took and what were they attempting to comply with? To my knowledge a solicitor’s purchase investigations include obtaining a copy of the by laws of your strata from the Land and Property Office, so it would be a big over sight to have gotten a copy and not see there was a problem.
They also said “To date there have been no complaints about barking.”, however you state ” many complaints received by SC”. What was the nature of these complaints? If the matter goes to NCAT the strata needs to get as many complaints (both made before and recently) as to any nuisance caused by the presence of the dog.
My experience with tribunals is that many participants front up without documents or evidence supporting what they want the tribunal to accept as facts. If the strata is hesitant to go to NCAT try presenting the documents/evidence you gather to the owner and ask them to address each one.
Kezza111, if you are going to mediation make sure you have as much documentation as possible.
@scapegoat said:
For instance, you serve on the committee for two years, after which you can’t nominate again for another two years.
What do others think?
My experience is that rather than limit terms the problems of most committees is getting anyone to nominate.
In all the committees I have been involved with members serve on a voluntary non paid basis. Other owners not wanting to be involved at all unless an issue concerns their property and in that case they want action asap!
I have a document exactly on this issue. I got it from a google search when
Basically it says you should bring the railings up to current code if there has been any work on it. It strongly suggests that if there are safety issues this should also be done.
I tend to agree with T-world. Strata Managers, rental agents and councils all tend to want to outsource everything so as to ‘cover themselves’. Perhaps it the consequence of the litigious world and communities we now live in. In many cases salespeople of these services (for which the SM or Rental agent receive a commission) do put on a hard sell.
The three examples that I have personally experienced are:
1. Smoke detectors; the rental agent wanted our strata to enter into a contract with a professional tester. It is the landlord’s responsibility to ensure there is a working smoke alarm with a new battery when a new tenant moves in. We do that ourselves.
2. Public liability: a Strata Manager asked us to engage a professional to come out and certify that there were no issues. How many home owners do this? In the end our OC decided that owners just needed to keep their eyes open and use common sense to alert for hazards.
3. 10 year plan: a strata manager advised our OC to engage a qualified person to draw up and keep a plan. We do the plan ourselves as it involves only basic spreadsheet knowledge or can even be done by hand.
In many cases it seems common sense and practicality have “left the building”. In many cases I don’t see the value added by, or need for, these professional consultants.
My view is that in most cases, what you lose in professionalism by not engaging professionals you more than make up for by increased owner interest in the property.
I couldn’t agree more with Sir Humphrey. However the way to “take them on” is the secret to success.
The other owners need to organise before any vote and do so informally. Don’t confront this one off bully at a meeting if there is nothing to be achieved.
List your motions etc that you want passed and talk to like minded owners.
The most productive work is often done before a meeting or vote.
Hi,
I am not sure what state you are in but you should check whether the time to register the bylaw has expired.
Our strata is in NSW. This year we registered bylaws that were passed over a year ago and were informed by the Land and Property office that as the vote was move than 6 months ago we had to take new vote.
Previously we had 2 years to register them but the law had changed.