Forum Replies Created
-
Replies
-
AFAIK, a motion as written can only be approved/denied at a AGM, you can’t modify the by-law during the meeting and then approve the modified by-law, and you can’t approve a by-law that hasn’t been written yet.
You probably meant general meeting rather than AGM (which can only happen once a year, EGMs can happen as prequently as the owners corp can stand). And you can amend the wording of a by-law provided it doesn’t alter the original intent of the motion.
If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.
Congrats. Patience is a virtue and virtue is it’s own reward (but not as much fun as stickin’ it to the man).
If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.
Our by-laws say parking is only for “roadworthy motor vehicles”. Maybe that’s where the answer could lie.
If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.
I can’t see how a subscription to YourStrata Property is enriching himself. It’s a legitimate web resource run by a highly qualified and experienced strata lawyer. Why would he need it for anything else than to better understand the workings of the strata committee on which he serves? And why would it be somehow inappropriate for them to advise him that he could claim the expense, even as an honorarium.
As for the travel expenses, these are very small potatoes and may well be completely legitimate. This sounds like poor reporting of expenses, at worst. I don’t see anything terribly wrong here, apart from that.
My dismay at the initial report was that it suggested there was no actual training or education taking place. But why else would he subscribe to Yourstrataproperty.com? It’s not an entertainment website.
If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.
The owners corp has a duty to repair and maintain common property, as you probably know. What you may not know is that you can seek orders at NCAT to compel them to do so if they refuse, or don’t respond within two months, under Section 232 (2) of the Act.
In reality, mediation and drawing their attention to the law should do the trick.
If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.
The simple answer is “no”.
The more complicated answer is that the committee can agree to waive interest and penalties, if previously empowered to do so by the owners corporation at a general meeting.
The Owners Corporation Act says that the OC must issue notices of fees owed, giving 28 days to pay but they may follow that up with a final notice and action to recover the debt.
In other words, they can delay enforcement of debt recovery but they can’t just let it slide – basically you’d be taking money out of other owners’ pockets if you did that, so there’s no way that could happen without the owners’ informed approval (if at all).
You should, however, be able to organise a payment plan that saves you from penalty interest payments and debt recovery.
If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.
In NSW it seems an owner not on the Strata Committee can attend a committee meetings but only speak with permission.
Correct.
Is it necessary to seek and be granted permission ahead of time, or can it simply be done at the actual meeting?
Skipping past the catch-22 that you can’t ask for permission to speak if you’re not allowed to speak, any reasonable committee would allow you to make the request. But then any reasonable owner would let the committee know in advance if they had the chance to do so. You could, for instance, ask the chair before the meeting is called to order.
And if one seeks permission to speak, is it a requirement one has to tell the Secretary or Strata Manager what one wants to speak about?
The committee can only discuss items that are on the agenda, so if you haven’t proposed a motion yourself, it would be a simple courtesy to let the chair know which of the items you wished to speak about. And speaking of courtesy, non-members being allowed to speak at committee meetings is exactly that. It is not a right and can be legitimately refused by a majority vote of the committee.
If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.
Can he charge for me inquiring about secret payments he made to a SC member?
There is a set schedule of fees based on the amount of time it takes to find the information and pass it on to you. Unless the strata management contract is all-inclusive of all charges (which would be very unusual, they can charge for the work they are doing on your or anyone else’s behalf. The issue of the secrecy or otherwise of the payments is irrelevant.
(2) Can he charge me for asking for details about about large payments made to contractors totaling $8,500 … the agent made clear that I would receive any and all financial information I sought from him when I wanted it.
Maybe so but presumably he didn’t say it would be free of charge. You are creating work for them and they’re entitled (by law) to charge for it.
(3) I see no point in asking to hold a General Meeting or SC Meeting (remember this is a strata of 5 lots) because the Treasurer/Secretary (1 lot) and Chairman (1 lot) will no doubt convince the other 2 lots that my interference is unwarranted and should not be rewarded with a SC meeting.
Well, that is your first course of action and you’ve just closed it off. Have a meeting, get all the allegations and questions on record and if the outcome isn’t satisfactory you can always apply to NCAT to have the culprits removed from the committee. If you don’t follow procedure, then you look like a troublemaker rather than a problem solver.
If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.
A company title is ruled by company law and the limits of a shareholder’s responsibility should be outlined in the “articles”. However, generally speaking, you will be bound by what the majority of shareholders decide.
If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.
A non-member of the committee can’t vote on a committee decision. However, under Section 19 of the strata Act, if you can muster 25 per cent of the votes, you can insist on a general meeting being called within 14 days.
The sole item on the agnda would be to instruct the committee to consider more quotes. Remember, the owners corporation tells the committee what to do, not the other way round.
In fact, just the threat of that may make the other committee owners reconsider their positions
If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.
Time to sit down with your chairman and explain that the world has moved on and bans like this are, until the new laws come in later this year, subject to challenge at NCAT, as being harsh and discriminatory and therefore invalid.
When the new laws do come in, dogs will not be able to be “unreasonably” refused anywhere – meaning they can be rejected but only if there is a good reason.
Also, what do your by-laws actually say about pets? It may be different from the chair’s opinion. But, to reiterate, a blanket ban on dogs has ruled invalid by the Court of Appeal and that is the highest court in NSW.
Have a look at this page and scroll down to “pets”
If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.
Normally I would say this was between the two owners concerned but Section 48 (below) says that the Owners Corporation has the right to order an owner to repair their lot when it’s condition is detrimentally affecting other lots and even repair the lots themselves if the owner refuses to do so, charging them with the cost of repairs after they are done.
Section 129 (also below) says the owner has a duty to look after their lot if not doing so affects other lots.
Now, we are getting into the weeds on this but a major factor is whether or not and when the Strata Committee or Strata Manager knew that this property was not being properly maintained and/or that it was affecting your unit.
If they knew and did nothing, you may have a case against both the owners corp and the other owner for neglecting their duties under the Act.
If the owners corp didn’t know about it, it might be a simple claim through the courts against the other owner.
Either way, it could be well worth contacting an experienced strata lawyer and asking them the best way to get the repairs done that won’t cost you a fortune to pursue.
By the way, my opinion is not legal advice but I think you may have grounds for compensation – talk to a strata lawyer.
48 Lots not properly maintained
(1) If a lot owner has refused or failed to carry out repairs, maintenance or other works to the lot owner’s lot that are required because—
(a) the outward appearance or outward state of repair of the lot is adversely affected; or(b) the use and enjoyment of the lots or common property by other lot owners is adversely affected—
the owners corporation may serve a notice on the lot owner requiring the lot owner to carry out the necessary repairs, maintenance or other works.
(2) If a lot owner has been served with a notice under subsection (1), the lot owner must carry out the repairs, maintenance or other works required by the notice within 28 days of the service of the notice.
(3) If a lot owner has been served with a notice under subsection (1) and has not complied with the notice within the required time, the owners corporation may carry out the necessary repairs, maintenance or other works to the lot.
(4) An owners corporation may recover as a debt from a lot owner the cost of repairs, maintenance or other works carried out under subsection (3).129 Care of lots
A lot owner must—
(a) properly maintain in a state of good and serviceable repair any part of the lot that affects the outward appearance of the lot or the use or enjoyment of other lots or the common property …If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.
At first glance, that motion seems to be invalid. There are decisions established in the Act that can only be decided by the owners at a general meeting, such as special resolutions.
There is a difference between that and, for instance, Section 110 which says … “with the approval of the owners corporation given by resolution at a general meeting.”
In that case, the General Meeting can resolve to authorise the committee to make all appropriate decsions on its behalf – the apprval has been given BY resolution OF the general meeting
However, the wording of some sections of the Act are slightly but significantly different. For instance Section 103 -“Legal services to be approved by general meeting” says “An owners corporation or strata committee of an owners corporation must not obtain legal services … unless a resolution approving the obtaining of those services is passed AT a general meeting of the owners corporation.”
Now, I am not a lawyer and this is not legal advice, but I think there is a difference between “by” and “at” that blows the resolution you described out of the water.
If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.
Is strata insurance paid based on unit entitlements e.g. 60/40 or 70/30 or its paid 50/50 in a 2 lot residence?
It’s based on unit entitlement, which also means that the person who pays more gets to choose the insurer.
There are exemptions to compulsory strata insurance for two-unit schemes under Section 146 of the Act provided both owners agree and the buildings are not attached.
For instance, you might have a an allencompassing insurance policy – car, home and contents, building etc – that would be cheaper than your share of strata insurance. In that case you’d talk to your neighbour.
If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.
My question is when does parking turn into “storage”?
When the tenant moves out but the car doesn’t. Is the tenant entitled to park there? If so, it is what it is.
If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.