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Is your closest neighbour on the Committee? The Committee should be instructing the Managing Agent♦. If I were in your shoes I’d be discussing the relationship between the Managing Agent♦ and the Committee with your friends. I’ve seen this happen before where one owner had undue influence over a Managing Agent♦, who was prone to issue such notices as you have received without reference to Committee members, and causing disharmony within the strata complex as a result. Since that agent was given the boot, harmony was restored.
(♦ DaveB – to avoid confusion, I think you’re referring to the Strata Manager – Whale 27/5)
Hi Jasmina
From what you say, your next door neighbour should be glad to have you there, as you are most considerate. It would seem that the strata manager is taking instructions from your neighbour, whereas he/she should be acting on behalf of the Executive Committee for the Strata Plan. The letter you received basically has no standing, whereas if you received a formal notice to comply with a bylaw, provided this has been properly drawn up, this may be enforced. Aggressive letters are not, in my opinion at least, a good way for a strata manager to make initial contact, as they do not encourage co-operation and are unenforceable. An initial contact in a friendly tone is a better way to go, before proceeding further. Hope things settle down for you.
DaveB
Whilst in NSW at least there is a requirement for minutes of Executive Committee meetings to be sent out or placed on the Notice Board within seven days of the meeting, rather surprisingly minutes of general meetings are not required to be sent out any sooner than with the agenda for the next such meeting. Whilst this might cut down on postage costs, not a good way to run the scheme if wanting to keep the owners informed, particularly when there are high “no-show” rates at these meetings.
Hello Whale
I don’t go much on the advice of psychics either, whether they are paid or voluntary. It probably would have helped his fellow flatchatters if Andos had given a bit more objective information such as whether his strata plan employs a managing agent and whether he himself has contributed to the running of the scheme eg by being on the Executive Committee. Otherwise I might use my own psychic powers and suggest it highly likely that Andos is a serial complainer ready to hit out from the sidelines, and that is a factor in why a chairman may want some monetary recompense for the angst suffered.
@pend1lis said:“On a side note: the legal advice obtained by our OC was from the same lawyers who drafted the special by-law for the 2 owners to obtain exclusive use of the common property. “
I have a problem with lawyers acting for the applicant drafting bylaws. Quite often they seem to be suburban solicitors with little or no strata experience, and in any case they are not necessarily acting in the best interests of the Owners Corporation, as there is often a clear conflict of interest situation between the Owner who wants the work done as quickly and cheaply as possible, and the Owners Corporation who wants to ensure that it is done with minimal damage and disruption to its common property.
The bylaws they draft as put to a General Meeting may not protect or indemnify the owners corporation against shoddy workmanship, cover all insurance aspects, or make the applicant fully responsible for ongoing maintenance of whatever attachment to common property has been approved.
No one (with any experience or sense) would rely on the vendor’s solicitor or engage them to also act on their behalf when purchasing a property, so I’m at a loss to understand why it seems common practice for an owners corporation to accept bylaws drafted by the applicant’s lawyer.
Hi Slap Shot
Refer to the Strata Schemes Management Act 1996
Section 78 (6) refers:
(6) Regular periodic contributions to the administrative fund and sinking fund of an owners corporation are taken to have been duly levied on an owner of a lot even though notice levying the contributions was not served on the owner.
I presume the amount of $25 was interest charges on the unpaid levy. It doesn’t end up in the Strata Manager’s pocket but goes to the Owners Corporation funds.
You can of course direct the Strata Manager to send the account to your agent, but as an owner you are obliged to see that payment is made on time. Your Strata Manager is correct, there is technically no requirement to send accounts.
However it is not good practice for an agent to miss out on sending accounts or to delay them.
If this amount was interest then the Act is very specific about how relief may be granted to an owner from imposed interest charges. It requires a Special Resolution at a General Meeting to allow this, in other words it’s beyond the powers of either the Strata Manager or Executive Committee to provide refunds.
It’s not an excuse for your EC to walk away from the issue when there are no funds available. That’s the purpose of a sinking fund, and too many owners corporations aren’t prepared to put sufficient money aside for future maintenance and replacements. The sinking fund forecast is now a requirement, and should have identified the need for maintaining this equipment. It’s up to your OC to get the funds to carry out the replacement works, if the sinking fund doesn’t contain enough, then there are two options left, a special levy on all owners according to unit entitlement or taking out a strata loan.
Yes your interpretation is pretty much spot on. Requires a by-law for alteration or attachment to common property (in this case the floor and possibly common walls), which to pass requires a special resolution at a general meeting. As an owner I’d be concerned to see the plans before I’d even consider giving my blessing to it, even though that may not be a requirement under the Strata Schemes Management Act. I’d also say that even if the motion did succeed the Local Council may need to be involved.
Henrietta
The agents are taking advantage of you, they obviously care more about the convenience of their prospective buyers than your rights as a tenant to enjoy peaceful occupation of the property. Under Victorian law they must give 24 hours notice at least, and only visit between certain times. The Tenants Union has a series of fact sheets, one here is particularly relevant:
https://www.tuv.org.au/wp-content/uploads/2014/03/landlord-is-selling-FS-2013.pdf
In regard to the rent reduction offered, I guess that would have been verbal only. But it would leave a bad taste in the mouth if not honoured.
In regard to the photos you would possibly have a case to complain the the Privacy Commissioner. If there any photos being used in advertising which you object to, I’d be writing formally to the agent to withdraw those ones from their campaign. After all publishing such details could leave you open to security concerns when placed in the public domain.
You need to put your foot down and write a strong letter to the agent objecting to your treatment, keep a copy.
Marvin
Your electrician is correct. Wiring for lighting is designed for just that, and should have fuses or circuit breakers to match. Overloading by using heavy current devices such as vacuum cleaners could result in damage to the wiring and in a worst case scenario could lead to a fire.
If power points have been added to this wiring by enthusiastic amateurs they may not have effective earthing. Some years ago there was no requirement for light fittings to be earthed, so an earth connection may not have been readily available. If there is no earth it is quite possible that in the event of a fault developing in an appliance connected to the circuit the metal casing of that appliance could become live. If the circuit was earthed then the fuse would blow or circuit breaker trip cutting off the power.
These days there are additional protections available in the form of RCDs, which are highly desirable but not always fitted to older installations, very unlikely to be found on a lighting circuit.
Unfortunately there is no requirement (in NSW) at least that you be sent a copy of Exec Committee Minutes, putting them up on a noticeboard will suffice.
Have you requested that the Managing Agent email you a copy – he/she doesn’t have to but may be willing to do so.
You are entitled to look at the records of an Owners Corporation at the Managing Agent’s premises, and copy those records, on payment of a fee. You could authorise someone else to do that for you.
I’d suggest that you keep an eye on your property whenever you can get the opportunity. If you need to travel to do so, reasonable costs involved in inspecting your property should be a tax deductible expense.
Hello Tess
You say this is not in common property. If it’s an issue within the floor of the shower recess then it is common property, and any issues within the external walls of the unit are also common property. The original tiling would be considered part of the wall or floor, so an Owners Corporation responsibility in those cases. There are some specialist firms who do this sort of work with a guaranteed result, we’ve had a couple of units with this problem successfully treated, at owners corporation expense within our strata.
You could start here:
https://www.stratacommunity.org.au/understanding-strata/self-managed-strata-schemes
Make sure you have a copy of the strata legislation and your by-laws
Do your homework before you go down this path, it’s not always smooth sailing in managing a strata scheme, particularly if it has more than just a few units and you have difficult people living in your block, who are better to deal with at arms length.
Think it would be highly unlikely that the power points in a basement parking area would be part of a lot’s power supply. That would involve more complex and expensive cabling, something the builder would be likely to avoid.
I’ve heard of cases where owners have run freezer cabinets in underground garages taking their power from OC supplies. Those appliances could easily cost in excess of $300 in electricity per annum, nice if you can get an unsuspecting strata plan to pay for it.
Easy enough to check it out, without the services of an electrician, if you turn off your unit’s main switch, and the power stays on in the car parking area, then you’re using either OC supply or that of someone else.