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So, no quotes or links? Are we supposed to hunt these down and work out what got you so excited?
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what happens in these “over 55’s” complexes with multiple owners on limited incomes when the infrastructure ages?
The answer, as with so many similar questions, is not to make the mistake of living too long.
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You do have a limited market for re-sale but that’s probably reflected in the price you pay in the first place. Swings and roundabouts! I would just avoid blocks where sales are slow and look somewhere where demand is a bit higher (but that will push prices up too). Your comment on an ageing population is valid, though. That limited market is growing.
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Propose a motion to your next AGM that the identities of the owners who voted prior to the meeting, and how they voted, must be declared at the end of the vote unless it has been agreed that it should be a secret ballot. It is no less private than a show of hands.
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is there any value in imposing limits, restrictions, or conditions on a strata committee such that they are obliged to ensure decisions taken at a meeting are implemented (excepting unforeseen events), thus avoiding individual biases or preferences?
If the committee won’t follow instructions from the Owners Corp in general meeting, what makes you think they will follow an instruction requiring them to follow instructions?
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I think it would depend on the scheme. Some are better than others. The worst are run by superannuated autocrats who just love interfering in other people’s lives or, just as bad, do everything on a nod and a wink or are too scare to pull residents into line.
Others are easy-going and just let people get on with their lives and only occasionally feel the need to pull strata newbies into line.
For an established scheme, ask the existing residents how things work. For an off-the-plan project, make sure you get on the committee.
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I really struggle with the way agents are viewed in a higher regard than the principal and it is very problematic for those who still self manage.
I think it may be simply pragmatic; if you understand and accept that strata manager can only act with the tacit approval of the strata committee, and that committee members come and go, and that some committee secretaries and chairs assume powers that they are not entitled to, then you can see why service providers might prefer to take instructions and fulfil orders from someone whom they know has the authority to issue them.
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I have removed a number of posts from this thread because they were misrepresenting who they were from, contained a link to a highly defamatory “article”, seemed to involve a “phishing” exercise, falsely purported to have independent verification (it was the same poster) and didn’t make sense. This discussion is now closed.
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You could also ask the Secretary or agent if they are planning any general meetings before the AGM. If so, when will that take place and you’ll submit the motions to that meeting instead.
I believe the law says that regardless of when you submit a motion for a general meeting, it must be placed on the agenda of the next general meeting.
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Just to clarify, the Tribunal’s power to do this of its own bat is there, right at the top of section 237 (my emphasis).
237 Orders for appointment of strata managing agent(1) Order appointing or requiring the appointment of strata managing agent to exercise functions of owners corporation
The Tribunal may, on its own motion or on application, make an order appointing a person as a strata managing agent or requiring an owners corporation to appoint a person as a strata managing agent—
(a) to exercise all the functions of an owners corporation, or
(b) to exercise specified functions of an owners corporation, or
(c) to exercise all the functions other than specified functions of an owners corporation.
And then there are the reasons …
(3) Circumstances in which order may be made
The Tribunal may make an order only if satisfied that—
(a) the management of a strata scheme the subject of an application for an order under this Act or an appeal to the Tribunal is not functioning or is not functioning satisfactorily, or
(b) an owners corporation has failed to comply with a requirement imposed on the owners corporation by an order made under this Act, or
(c) an owners corporation has failed to perform one or more of its duties, or
(d) an owners corporation owes a judgment debt.
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As I understand it, the appointment of a compulsory strata manager is at the petition of an owner.
Mostly true, but NCAT also has the capacity to appoint a strata manager if it is asked to adjudicate on an issue which reveals the strata scheme is chronically dysfunctional, and where making a specific ruling probably isn’t going to solve the big picture issues.
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A Newsletter issued by the Strata Manager to all owners stating that these particular cars (and other offenders) will be issued a Notice to Comply if they continue to breach our Bylaw was regarded as not legally enforceable? Eh?
By whom? It’s not enforceable against the illegal parkers because they’re not residents of the building. It is enforceable against the company and the resident who lets them into the building. I suggest your strata manager contacts the nearest hospital’s spinal unit to see if they have any to spare.
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Firstly, what do you mean Jimmy by properly compensating the owners corp for its use? Can the OC legally agree to lease a visitor spot?
No. But allowing commercial enterprises to use the parking spots as if they had leased them is to deny owners’ legitimate visitors the opportunity to use them, which has a value.
Secondly, the Strata Manager agreed that these particular workers were visitors! Not much help there. And, as we are trying to stop employees from parking here, they would, theoretically, be excluded. But thanks for your comment S.
The strata manager is entitled to their opinion and, in the absence of a by-law defining what a visitor is, their point of view is, on the face of it, as valid as anyone else’s. But it’s not strata law and the strata manager clearly knows on what side his or her bread is buttered.
Just to be clear, there is a difference between a worker coming to the block to perform a task – such as a plumber or electrician – and someone who is an employee of a resident coming as part of their duties.
For some enlightenment on this, we can look to Queensland where Hynes Legal has, in this newsletter, addressed this situation:
This [Tribunal case] was one where employees of the resident manager were using the visitor car parks.
“I consider a ‘visitor’ would include anyone who is not an occupier of a lot, but who is genuinely visiting a lot or the scheme. I do not consider this is limited to residential or non-commercial visits. While a visitor may be a friend or family member visiting a tenant, they may also be a contractor such as an electrician visiting the scheme to do work.
I would consider the employees of the resident manager to be occupiers to the extent that they predominantly or regularly work at the building (as distinct from, for example, an employee who is based elsewhere but visits for an ad hoc meeting). However, a cleaning contractor attending to clean one or more lots would arguably fall within the designation of a visitor.”
Our takeaway: a visitor could be a family member, friend or the electrician appearing as a one-off, but permanent or regular attendees may well not be visitors.
Here’s another view, this time from a strata manager responding to a very similar query on Lookupstrata’s website.
The commercial lot owner is welcome to have his staff park in his own car space(s) but not visitor parking, in our view, because his staff are not bona fide visitors – they are the employees of his business.
The Oxford Dictionary defines visitor as “A person visiting someone or somewhere, especially socially or as a tourist”. It is difficult to see how an employee of a business within a strata scheme could be construed as a bona fide “visitor” to it.
So there you are – two opinions that employees are not visitors, which suggests that, at the very least, this is worth challenging at Fair Trading and NCAT.
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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.
That’s how it works in most schemes that have this problem. The committee rocks up at the AGM, proxies and nominations in hand. They set the agendas and dominate the meetings and eventually other owners don’t even bother to show up,
They often use their exclusive access to owners’ email addresses and committee minutes to push their agendas and undermine attempts to change anything.
This can include listing the committee members who are in place and who will be standing again, in the agenda for the upcoming AGMs.
Barring something disastrous occurring financially, most other owners will lose interest and just leave things the way they are. This is so commonplace that the government had to change the rules on quorums for AGMs just so they could go ahead.
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