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Hi, if you have a AGM planned for 3 weeks time you will be too late to now get this written up and distributed to owners as a Motion, unless the Committee allow it. The meeting Motions need to be out within a minimum period so owners who won’t be at the meeting can still vote on them. That’s how it is in Qld so I assume there will be something similar where you are.
Haha, yes all good. I also like to haunt my Office for the Commissioner of Body Corporate in Qld for a quick heads up on the facts and relevant Act advice. It’s a worthy free call and always know if I have an issue, or I am the issue!
In some complexes the good folk you want on you committee are too busy elsewhere, with work or other commitments and wont take it on because of the constant hassle or time requirements. Which leaves the remnants who sometimes think they are king – not servant, and like things how they’ve always been, or may be nice just not competent in this role. Having been on the committee here I’ve decided I wont again but am convinced with the right carrot and stick approach it may not even be necessary.
The flow for who ever takes up the role needs to be first understanding their obligations, responding with timeliness and pro-activity, applying themselves adequately enough, and then having the authority to make decisions and get on with it. Somewhere in there is the order any committee needs to work to based on firstly referring to the Act, then the Budget, then the Contractors, then some other things but I’ve completely forgotten. And if that doesn’t work you certainly do have the right to further things with your State government entity responsible for all this.
Before you do that though please acquaint yourself with laws written in your state Act, and your complex’s (live)-by-laws which give you something to refer to for your own knowledge and to help enforce your requirements – if, in fact, you do have a legitimate point.
As to having a alternate committee I’d caution that you do so with an good spirit and open door and just seek the views of other owners who may feel as you do (or not, but at least you’ll find out) and from the numbers base you can then take that to your own committee. If that doesn’t go so well and you do have the numbers you can threaten and maybe calling for a EGM to role the current crop, but be careful what you wish for if it comes to that as some among you might like to plan for the war, but not for the peace… and then what happens?
“You need more professional advice than just in here.” Man, most of the time I’m warning folks against just relying on my own off the wall advice 😉 and I did once hear that, outrageously, you can’t always trust what you find on the internet. 😉
If the owner can show you in the minutes where the Body Corp committee agreed to allowing this I’d cross that bridge. But I’d doubt they could so it surely remains the owner’s issue and cost? Can you imagine the precedent this sets for future issues? If the Strata Manager has paid for an owners recent cost they would now be required to seek reimbursement from that owner for that as well as any other associated repair costs. The Body Corp committee now need to consider, and vote (if in fact they can make this decision/), on retrospectively allowing the owner to have that hot water system on common property (and if so, I imagine the system has to be isolated for fire protection etc at owners cost). If they can not make that decision within their limits they would likely require the current owner to remove the hot water system from common property and restore it to within their own lot. You need more professional advice than just in here. Cheers, C.
I’m sure it’s possible, but note necessarily easy, or cheap. What State are you in will also play a part I guess. Off the top I’d think whatever can be done would be done easier if you owned both properties at the same time, make the changes, then flip the out going one. Here’s a NSW scenario I googled and you should do the same. I liked the idea of, if not going to the effort, see if you can set up a long term lease between 2 lot owners for this which simplifies things and would definitely be less money and less business of the Body Corp. All up for anything to happen you will need professional assistance. Cheers, C
http://www.nswlrs.com.au/about_nswlrs/strata_scheme_questions/swap_car_spaces
I’d also add, that now is the time to reassess the quality of signage and wayfinding your site best requires, rather than just replace old signs that may have since changed purpose or originally been inadequate or missing.
The ACT in Qld says the property is required to be kept in good repair. Signage in good repair fits under this. The current Building Managers Code current best practice guide says if it’s worth doing, it’s worth doing within a month. 6 months is too long on either point above so your polite pressure is worth applying. Maybe a quick recap note in nice language reiterating your request, and with reasons why it is warranted will remind them again and create a paper trail. If you have some friends in the building codjule them into asking of the same thing to help make it sound like others are also interested in seeing this done and that it is not just you.
People can be naive or devious doing their reno and often think they can just do it and will get away with it when the dust settles or the owners corp just concedes not wanting to cause a fight.
Usually the offenders only see it all from inside their apartment and don’t consider the impact it has on the exterior or other peoples investment. If everyone played it that way it will be death by a thousand cuts and then when it looks horrible eventually you all pay a fortune in whole of building rectification costs or the unseen lesser sale price when you sell due to your building looking like a hack job. Investors also potentially lose out in higher rents and better quality rental tenants.
I strongly suggest you ride your committee to go in real hard, and if they dont you should take it on yourself and go the offender yourself. That in itself sends a strong message to others there who also think they can do the wrong thing.
You have to think if you can drive your boat in and out it’s probably entitled to take a space there, but if it must be transported there and away it would be like another trailer and so becomes a little fuzzy. What if 20 people rush out and buy trailered jetskis, then what?
Hi, if they say they haven’t enough money yet they must know what the costs are, and you’d assume it was budgeted at least indicatively on the day you voted acceptance of this motion.
Not a lot of folks can afford big hits to the hip pocket and aren’t usually advised to borrow it, so accumulating funds is not unusual.
If you want to revisit it get your own thinking done, then hold a low key meeting to discuss it – probably initially without the committee so you can really feel what folks want, then take it to the committee as a group that’s prepared to EGM it if you have the numbers and don’t want to wait further.
I think it’s helpful to get all stakeholders to agree on what constitutes a ‘reasonable’ level of maintenance and presentation. I now lean towards s a definition of about ‘80% of new’. If you can measure it to that it becomes easier to assess if it needs attention now and we should address it, or it doesn’t so don’t worry about it. That should also help overspending by those just never satisfied, and others who say ‘it’s always been that way’.
A great reference book compiled by building and strata managers I highly recommend is the ABMA Building Management Code which is current best practice guide. It goes into all this stuff and if adopted by your complex allows all to use it as their measure without getting personal or political.