[Flame Tree (Qld)]

UPDATE, most cynically, I received a response from the Strata Manager sent at 6pm on the night before the next morning’s AGM which advised, after all the while of waiting, that all Motions I submitted were rejected because they were 3 days beyond the end of the end of financial year. I’m unsure if they were limited by law or convenience as to not include them. If anyone can comment I’m all ears as to which it may have been. As such I will cop it sweet and move on.

So, can someone please confirm that because they were sent in but missed the AGM that they will now be included in the next EGM or AGM?, or should these be re-submitted for such as the next one to occur? I appreciate if I can on-board enough begrudged owners to meet the limit we might be able to call for an EGM at our convenience and not wait another whole year to have those Motions addressed.

[Flame Tree (Qld)]

I imagine Mr Renter will be interested in this question even more so than your good self? If it was me: I’d be first on to my own car insurer who I expect would cover me and proceed to repair quote stage, if I was covered for such, and just pay to fix the car. They usually thereafter decide if it’s worth their efforts to come gunning for the body corporate’s insurer for recompense them but that’s not your business as much as it is your insurers. The non-car items would likely be covered by his own household contents insurance (some have this, some don’t – but as here, they should) and they too might pay out then come gunning for recompense. End of the day, your property needs be made sound or your insurer may just not pay up if they say you aren’t up to speed on your required maintenance and they remained unaware of that.

[Flame Tree (Qld)]

This sounds like a more general initial conversation between the owner and the committee who would need to make themself informed beforehand. The scope of works mentioned by a roof change initially sound quite major and beyond the authorization of the committee, and requiring an agm/egm vote with suitable and somewhat indepth information for all owner’s to make a decision on. If the owner or the builder really know what’s involved here would they not understand what they need provide to make a convincing, legally do-able case? If I owned there then there’s no way I’d even consider changes to that degree which will likely greatly affect the look of the whole property and the precedent it would establish without full information to sway my opinion and vote choice.

[Flame Tree (Qld)]

Short answer is definitely not. Bigger decisions beyond the volunteer committee paygrade require all owners to assess the pre-provided information at an AGM or EGM and then all who are lot owners to vote (should they choose to). If the committee naively or maliciously go ahead without the right approval they can be stopped.

[Flame Tree (Qld)]

Hi, thanks Nugalbags, though I disagree with the limitations you suggest. The committee’s role is to make limited decisions during the year as is their function and as directed/limited by the legislation. The AGM motions are for the consideration by all owners and the committee is obliged thereafter to undertake the action of the Motion, should it be approved by the majority of voting owners. Certainly, in Qld Motions put forward before the closing window and invited by the committee are to be included in the AGM as written in but limited to what the legislation says, even when it may involve the committee’s actions or individual members. Otherwise you don’t need think much to realize just what a mafioso cabal committees could quickly become. Talking to the committee first is always ideal, but sometimes they’ve proven themselves inept or unwilling and if so a workaround is sometimes the better way forward.

As an update, it’s been more than a week now that the issue was bought to the attention of the strata manager who has still not responded or acknowledged my complaint though the AGM is scheduled for this coming weekend. As usual, they know which side their bread is buttered and always favor the committee-side regardless of their contractual and legislative obligations.

Thanks for your thoughts. Cheers, C.

[Flame Tree (Qld)]

That doesn’t seem right that the Strata Manager could or would make submit a motion out of a general update issue – unless he was going to do so with a quote(s) as an actionable outcome voted yes or no by owners at the AGM? Seems a little strange. Also, as noted, is the chap saying the roof is no good the real deal or just another bloke with an opinion? Some just want to sell you a new roof.

As to if your block has enough funds, or not. That doesn’t fly. If there are group costs they need be costed and funded by owners otherwise the place will go to rack and ruin and just not how multi-owner places are required to pay for things and keep everyone’s property in good repair. The real costs need be made known and sadly, if some folks can’t cough up: your site is too dear for them and they are essentially needed to find the loot or sell up and move somewhere cheaper.

[Flame Tree (Qld)]

Wouldn’t this constitute annoyance and harassment (the bees being and the neighbor not acting responsibly) and be a keeping the peace issue the local police would have a say over? And, I’m assuming you won’t need prove you are anaphylactic, or are profundly Melissophobia (fear of bees) so I’d be playing that up real well until the matter is sorted, or you’ve bought a family sized can of Pea Bea.

[Flame Tree (Qld)]

Have you put a notice under his windscreen? Have you mentioned it casually to him? Is it just him or are others doing so just as much? Friendly and personally is certainly your stating point. Sometimes you can present a group argument as such saying everyone now need to stop doing it for everyone’s benefit and asking him to play along to help the situation out.

[Flame Tree (Qld)]

I think you would quickly find in court that your wizz bang building isn’t up to a reasonable standard of service delivery in todays age, and needs to be. Now that aircon is assumed to be nothing special you’d be facing the cost to meet todays minimum standard, and it if it can’t handle a bunch of appliances it’s just not good enough. Next they will be dictating who can live there and want to approve their private use of medical devices, tv, fridges, washer dryers etc etc. You wouldn’t be the first block to have won design awards for design but not for functionality.

[Flame Tree (Qld)]

Pretty sure in Qld, at least, your right to install aircon has been established in court. As an aside, I also live in a building well designed to have great cross flow ventilation, but that just means when it’s stinking hot all you get is hot air passing through, assuming it’s breezy enough to do so. Ceiling fans also just flow the same hot air. When you can have a moderate priced aircon with a near silent compressor it is hard to argue against it.

[Flame Tree (Qld)]

Responses here are gold. Thanks. I recently asked a Forum question regarding seeking professional appointment of a manager to do what the owner’s committee most often always fails to do. My initial researching of adjudicator’s orders in Qld suggest it all takes a while, and they will seek the input of all lot owners for input. And that might make it harder to get your favorable outcome due to owners not bothered by the current mess, or not convinced anything will change, or if it does the cost benefit won’t be understood. And I imagine the ‘couldn’t be bother to reply’ number would also not help the cause. That said, there are things the committee must by law undertake so it might at least ensure these items finally get done. Anyways, thanks for your thoughts.

[Flame Tree (Qld)]

Be nice. Keep at it. Put reasons behind your timing enthusiasm so they are aware there’s more to it than just you thinking they are going too slow. If they run out of enthusiasm and you feel it’s gone a bit slow you should write things in a Motion of precisely what you seek done. If that doesn’t inspire them, or it goes to pot for some reason thereafter you will have your Motion in hand as evidence you’ve tried should you thereafter seek adjudication. In Qld if they don’t vote your Motion in 6 weeks the adjudicator will consider they decided No and need reasons why, or proceed if reasonable to push it through for you.

[Flame Tree (Qld)]

Thanks True, Part 9 seems only to refer to closing a body corporate, typically when the site has been sold en-mass, likely to a developer or such. I’ll call the Office of the Comm as they are good to call for direction to the relevant legislation. Cheers, C.

[Flame Tree (Qld)]

This might be a real hassle for strata managers affected, and they are sure to pass on these costs for initial training, and ideally the requirement for on-going professional development, as do other legitimate professions.

But cest la vie, as there are just too many folks in this industry without qualification and too many owners affected by what they do, or not do, or who they do it for. I’m sure most folks assume strata managers need to be trained to a proper industry- standard but it’s just not the case.

The NSW govt has rightly identified the industry-wide level of training has been insufficient, and only good can come from having all owners served by better trained strata managers, whom have such a degree of influence over owner’s investments.

This should be an Australia wide standard requirement.

[Flame Tree (Qld)]

I’d suggest that you look to legislation where it says, in Qld at least, that if he misses two committee meetings in a row without apology sought or given he’s instsntly disqualified from holding the position. That would then allow you to replace him without notice. It’s hardly likely anyone would question anything, certainly not him.

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