[Felix]

One way to try and increase attendance at AGM’s is to offer free drinks and nibbles to all who attend!!

[Felix]

It’s very unlikely that the designated storage spaces will be used for anything else other than for storage although you never know what the future holds.

These spaces have been used by Owners in their designated spaces for over 40 years with no problems until recently when a couple of opportunists arrived to claim the space.

The storage cages have already been constructed and the Owners are situated in the spaces that the original developer/builder assigned at the time of the building was built.

While we know this might not have any bearing, there has not been a problem until recently.

Again the EC only would like to have the problem resolved

[Felix]

The question is does the EC have the authority to request the other party to remove their belongings from the disputed storage space until the matter is settled.

At the moment neither party has a space included in the exclusive use by-law so therefor the other party is storing goods on common property without the OC permission.

Since the EC is acting on behalf of the OC, some EC members are wondering if it’s their duty to assiast the other Owner.

[Felix]

We are a NSW strata plan and have had a designated wash car area for 40 years with no apparent problems.  I’m not sure how it originated but this car wash area is near a water tap with hose attached.  

As only a few people use this car wash area and always return their cars to their own designated car spaces immediately after washing, there doesn’t seem to be a problem.

The car wash area is not a designated visitors car space but just the plans common property.

Occasionally, and by that I mean a few times a year, visitors do park there but hardly more than overnight.

Our residents do not seem to have a problem with this.

Unfortunately the car wash sign was taken down during painting of a fence and not replaced.

We have 9 designated visitors car spaces.

 

[Felix]

Jimmy;

Thanks for your comments and we are discussing Strata in NSW.

I agree and know about the by-laws being registered within 2 years etc. but I don’t know about a common law principle regarding a minority.  In this case i don’t think it’s important but in saying that I don’t know about this common law.

You didn’t answer my questions about how best to solve this and I understand that legally the by-law has to be registered before action could be taken. However I’m hoping that common sense would prevail before we have to go to mediation.

The reason this disagreement is taking place is because the storage space in question is larger than the one used by one of the Owners and a couple of opportunists have tried to take over the larger space.

The first owner who tried went to the CTTT and had their application dismissed.

In dismissing this application the adjudicator of the Strata Schemes suggested that it was a matter for the OC.

It never went to the OC but instead the EC allocated this common property to an officer of the EC.

We know that the EC does not have the authority to allocate common property.

I might add that both parties have been using their assigned spaces by the builder since 1985 and 1987.

There are many other issues in this that have been going on for 4 years and every one is sick and tired of it.

What we are trying to achieve is a quick solution to the matter without going to mediation but if necessary that will be done!!

[Felix]

Thanks very much for your comments Whale.  They’re very much appreciated!

I was looking for two or three key replies which you have provided!

[Felix]

Whale  

You suggested that the Chairman be asked to take a vote by the Owners present before the AGM regarding the use of Skype.

In anticipation, what would the Owners due if the Chairman would not take this to a vote?

[Felix]

Thanks for your comments Whale.

I think that you and i are looking at this issue from 2 different perspectives.

You are assuming that Skype or similar “newer” technologies could be the means to facilitate more Owners participation.

I would agree with that possibly for large schemes but I’m talking about 39 units only for the benefit of the Sec. who lives interstate, which is ridiculous.

I have observed the use of Skype for numerous EC meetings over the past year and I can tell you it’s a real pain in the tail.

There are numerous interruptions during the meeting due to breakdowns and the EC has a tendency to look at the screen to see what the one person has to say and not keep their mind on the issue at hand.

It prolongs the meeting and with a lot on the Agenda, it disturbs the flow and the meeting can go on for hours, often with no result.

While you state it can allow more Owners to participate, in this instance it’s for one person only.

I feel if that it is that important for that individual to want to be heard, then they should make the effort to be present personally and not have to inconvience all other Owners present by having the meeting drag on.

And believe me it does drag on!!  Particularly with a lot on the Agenda!!

[Felix]

Good one Jimmie!!

I almost replied to you a few times earlier to state how ridiculous I thought Mr. Pierro was and how I thought it was one of the most outlandish comments made on Flatchat.

And then early this morning when I looked at the date I realised that this may be a possible April Fool but you beat me to the announcement!

We know you’re a good story teller and here’s another one.

i hope this comment earns me 5 stars!!!!!

[Felix]

The only problem is if you’re happy to go down that path, are you willing to put your money up?

It sure looks to me by what you’ve said that you’ve been done.

I’ve always been under the opinion that the payment of accounts has to be put on the Agenda and approved by the E/C at a meeting unless it’s a simple repair as every day maintenance.

However, I may be wrong.

Would await further advice from someone with more knowledge.

Have gone through similar experiences with a larger complex and unfortunately decisions made by one or two E/C members who don’t know what they’re doing are followed by other E/C members who know less and follow like lambs unfortunately.  Probably because of a stacked deck.

With only 4 units, this may not be your problem

I would have refused to pay that account until discussed by the E/C and your strata manager but unfortunately it’s already been paid!

[Felix]

Thanks for your comments Whale.

That’s exactly what we plan to do and we are sure of our facts.

Unfortunately the Strata Manager will make all the excuses and BS to cover his tail.

All we’re looking for is for the Strata Manager to look after his employer , which is the O/C and to tell the truth.

It’s really should be very simple if you do your job properly!!

[Felix]

Further to the comment of a false statement being made to the Municipal Council that all inspections were in order and that a fire inspection certificate should be issued and the Municipal Council took the word of the Strata Manager and the fire inspectors that previous faults had been rectified, WHEN THEY WERE NOT OVER A PERIOD OF TWO YEARS.

What will happen to our insurance policy if false statements are made and in particular what will happen in case we were to have a fire?

Would our insurance provider cover our Strata Plan for damages incurred for any  loss of life or damages to our properties as a result of fire.

We’re talking tens of millions of dollars here and unfortunately the EC doesn’t seem to know what’s going on  and seem to rely on the Strata Manager or else they’re putting their blinkers on and don’t want to know about it!

[Felix]

Some Owners and knowledgeable strata managers may call yours and our strata managers Mr. 20%.

Use your own judgement!  We know what we think!

[Felix]

Jimmy.  I also meant to ask who does this type of work and how much does it cost.

Also if irregularities turn up, what can be done about it if it’s already done and if it hasn’t been done?

[Felix]

Jimmy.  Just what do you mean by a forensic check of the minutes?

I believe I have a good idea but can you be more specific!

I would think that this may be necessary for hundreds of Stratas particularly in this day and age when e-mails are sent back and forth and the Owners don’t know what’s going on and problems are not looked after and swept under the carpet

[Author]

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