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Hey Jimmy
I think or perhaps I’m misunderstanding Huyton Huntley (HH), as they write:
“committee members re-elect themselves every AGM by limiting the number of committee members”
And as you say,
The owners corp sets the numbers before each election, to a maximum of nine.
Only the owners corp can, the committee can’t and if they that is something HH could raise. However, if no one is in the meeting and they have the proxies I suppose by default then they hold the power. Sounds like to change it HH will have their work cut out for them. Have you heard of how anyone has tackled this previously?
Hi Ziggy
Rewriting our Visitor Parking Bylaw appears utterly pointless though. I doubt it could say: “Workers in the commercial lots cannot park here!”
Your Strata Manager will no doubt have definition examples they can share with you. For instance you could define visitor as something like this:
“Visitor” means an invitee, caller, tradesperson and/or contractor and/or an employee of an Owner or Occupier of a Lot.
I believe you need a receipt: “If you pay for anything for the scheme in cash, or get any cash for the scheme, you must keep a specific record of the amount of cash going in or out, and what it was for. Keep copies of all receipts or invoices for the cash payment.”
If you have a Strata Manager it would be worth discussing with them, if you don’t it would be a good idea to ensure that all compliance is being checked on contractors before engaging them as possibly not if cash in hand jobs are happening.
Hi
I can’t understand how they can limit the numbers, as you can have up to 9 members https://www.nsw.gov.au/housing-and-construction/strata/roles
Apparently, a few years ago proxy awarding was revised to avoid proxy farming – for schemes with 20 lots or fewer, a person can only hold one proxy vote. In schemes that have over 20 lots, the person can be proxy for up to 5% of the total lots.
If you want to join the committee you probably need to put in time and energy speaking with other owners to understand what they’re happy / unhappy with and putting your case forward for being elected to the committee.
Hi
I think the first step is understand if contradicts the by-laws as the chairperson can rule it out of order if it conflicts with that. Otherwise it will be voted on at the meeting and you’d need to communicate the negative impacts to the enjoyment of your lot.
I assume your’ve spoken with the person that is wanting to undertake the garden to discuss the issues to work through them. If not that would be worth a try as sometimes people are unaware that they inconveniencing someone else.
Failing that as it’s something permanent I think you’re right not to risk this and get advice. I haven’t used Bannerman’s but I’ve heard David Bannerman on the Flat Chat podcast and he’s very knowledgeable and I know our strata manager uses this company as well. So perhaps that’s an avenue to follow up.
Hi fhutt,
Just a quick reply.
I noticed the term ‘No eviction by Owners Corporation’ in your link to the Tenants Union.
But, that is not legislation. I would like to find that.
The agreement is not between the OC and the tenant and when you read the legislation the only party they reference that can apply for termination is the landlord ie therefore only the landlord or their agent. If you read part 9, you see this confirmed as to who can apply to NCAT in relation to breaches:
190 Applications relating to breaches of residential tenancy agreements(1) A landlord or a tenant may apply to the Tribunal for an order in relation to a breach of a residential tenancy agreement within the period prescribed by the regulations after the landlord or tenant becomes aware of the breach or within such other period as may be prescribed by the regulations.
(2) An application may be made—
(a) during or after the end of a residential tenancy agreement, and
(b) whether or not a termination notice has been given or a termination order made.
(3) A landlord’s agent may make an application on behalf of a landlord.
Here’s the steps that the landlord can take against the tenant are:- A landlord may warn a tenant that they are breaching the residential tenancy agreement.
- A landlord may apply to the NSW Civil and Administrative Tribunal (NCAT) for an order that the tenant stops breaching (breaking) the tenancy agreement.
- In the most serious cases the landlord may give a tenant a termination notice then apply to NCAT for an order terminating the tenancy.
The link to the legislation states the Tribunal MAY order termination
I believe the use of the word MAY in this context is because until they review they may rule in favour of the tenant, so it’s not a given that they will.
I think circle back to Jimmy’s advice (pasted below) is your best option:
So if the tenants breaches the by-laws and the owner does nothing to stop it, like cancelling the lease, go after the owner. It’s not as simple as one breach and you’re out, but persistent offenders put themselves and their landlords on the wrong side of strata law.
Anyhow, I could be wrong but I do think the by-law you’re considering isn’t in the spirit of the law. However if you wanted to pursue it perhaps you should discuss with a lawyer and prior to doing that understand the support of other OC members as I suspect many of the landlords would not be supportive of this by-law and if you don’t have the numbers you would have invested a lot of time and energy needlessly whereas you could have put that time and energy into pursuing the landlord.
Best of luck, hope you get the matter resolved.
Hi fhutt
The link (Tenants Union) I originally shared I have found to be a helpful site and it states:
No eviction by the owners corporation
The owners corporation cannot evict a tenant – only the NSW Civil and Administrative Tribunal can if it makes a termination order on application by the landlord/agent. The provisions of the Residential Tenancies Act 2010 must be followed when ending a tenancy in a strata scheme.
I see that you’re trying to circumvent the notice being from the OC, owner or agent but still think what you’re suggesting conflicts with the legislation (however not a lawyer). If you’re keen to delve into the legislation to understand it fully here’s the link (go to part 5), https://legislation.nsw.gov.au/view/html/inforce/current/act-2010-042#sec.94
Also, in addition to the the above legislation you need consider if the by-law would be considered to be harsh, unconscionable or oppressive, as that would be another reason it wouldn’t be allowed.
Hopefully that reading proves helpful, and you find a way to negotiate harmonious coexistence.
Hi
I’m not lawyer but considering by-laws have to be consistent with the law I’d say not as only NCAT can evict a tenant.
You may this site helpful: https://www.tenants.org.au/factsheet-13-strata-scheme-tenants
I think your best opportunity to end behaviour is having a civil conversation and if not possible get mediation.
Perhaps reach out to the committee as there’s a good chance they’d have a copy.
Otherwise you could try the Land Registry, unsure how easy it is: https://online.nswlrs.com.au/wps/portal/six/home/
Hi
By-Laws are registered with the Land Registry. If you have strata management there’s a good chance they’ll have a portal where by-laws; meeting agendas & minutes; financial reporting etc can be found. So inquire with your Strata Manager if you have a portal and get the log in details, if not they’ll be able to email you a copy.
There was a link provided here but it was broken – JT
Hi
That’s good to hear that you’ve got more time.
We’re currently going through the process and have found it can take time. Due to the weather events this year the process just to get quotes and inspections undertaken was close to 6 months. So, know all critical dates and keep the momentum!
You’ve no doubt discovered there’s a number of good Flat Chat podcasts about major defects plus these links maybe of interest if you’re looking for things to read https://cityfutures.ada.unsw.edu.au/research/projects/defect-rectification/ and https://www.ncat.nsw.gov.au/case-types/housing-and-property/home-building.html
November is very soon and with that in mind my only suggestion would be to get legal advice and don’t delay.
Where I live we have a similar set up and touch wood it hasn’t been an issue (possibly as people don’t use these cages for anything of great value either).
I have heard people getting a roof installed so people can’t go in over the top, so that could be something to consider and to discuss with the committee. Also, if you’re planning to install something onto the wall that’s probably common property and again something you should discuss with the committee.
Probably the best thing is to find out what security cameras have been installed by the builders, does it cover the garage entrance / exits and is it signposted as that’s probably the best deterrent and follow up if something is stolen.
My understanding is that Section 46 of the Act does allow an Owners Corporation to authorise a payment to a committee member in recognition of the services they have performed during the preceding year.
However from your post it sounds like a committee member/s are contractors providing services to the building. I think as kaindub mentioned that you should raise this at the AGM and agree with the OC on: 1. a contractor selection criteria and bidding process that is transparent and competitive; and 2) contractor documentation requirements.
If discussing at the AGM is not an option perhaps you should be considering mediation, via NSW Fair Trading to resolve the disputes: https://www.fairtrading.nsw.gov.au/housing-and-property/strata-and-community-living/resolving-disputes-and-mediation
I think a lot comes down to the size of the scheme and working through what works with the stakeholders. I’ve listed below what we have in place at our building:
We have a social feed for occupiers to chat and share information.
We have a process in place for reporting that is via our SM, however we also have a letterbox and email address that anyone can contact the committee via if they feel it necessary to.
There’s a document provided to everyone with our preferred suppliers in case of an emergency that requires immediate action.
And for the Committee Members we have project sharing site that has everything that is relevant to the Committee.
We have treat the email and project sharing as a business so that is all owned by the SP and not only in someone’s personal inbox.