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Assuming this is the gate to the scheme’s parking garage, your Strata Committee is talking nonsense. Of course the garage gate opener is common property – if they don’t own it, who does?
Here are the fundamentals:
1. You are legally entitled to the peaceful enjoyment of your lot
2. A garage gate opener that’s excessively noisy is not operating correctly.
3. The owners corporation is legally obliged to maintain and repair common property.
4. The garage gate opener is common property.
I think your first option is to tell the committee to read the basics of strata law and do their job. Failing that, you can seek mediation at Fair Trading with a view to pursuing orders at NCAT under section 232 (2) of the strata schemes Act.
In very basic terms they can either repair or replace the gate opener now, or waste time and money fighting this, then have to do it anyway.
And if the resident bush lawyer on the committee argues some made-up law that means that the machinery isn’t common property, print this post and show it to them and the other members. Oh, and ask them, if it doesn’t belong to them, or anyone else, who will complain when it disappears overnight?
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I think there’s a basic flaw in your logic, in that committee’s don’t always act logically or in the best interests of all owners.
One common example of that would be where one or two dominant members of a committee have imposed their will on the others to the extent that the majority of committee members decide life will be easier if they go along with the bullies rather than make a reasonable judgent on the merits of a case, thereby only upsetting one owner.
I recall a couple of old ladies who ruled a small apartment block with iron fists and even stopped gas from being supplied to any floors above theirs for entirely bogus reasons (except that they didn’t like the people upstairs.)
But one hypothetical example would be where someone’s renovations are blocked because the committee is persuaded that having tradespeople in the building would be a bad thing. Obviously that is unreasonable because tradies would need to come into the building, sooner or later, for repairs and maintanance.
One unreasonable excuse for refusing an application, frequently given, is “we have never allowed that before.” That’s not a reason, it’s a statement of historical fact.
I know a building committee that’s full of intelligent, educated people, but there are many cases where the arguments for and against are almost equal, and they might go against their better judgement and vote along with the loudest voice rather than face the shouting match that would ensue if they voted no.
People vote for reasons that may be personal, political or emotional. None of these may be reasonable by any objective measure.
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Section 50 of the Strata Schemes Management Act is absolutely clear on this. The first term can only be for one year (see below).
The fact that the strata manager demanded two years is all the evidence you need that their contract should be rescinded. Forget the two sets of minutes – they either don’t understand basic strata law or they are hoping you don’t.
The one-year rule was brought it to let owners corps see how the SMs would perform and (to a lesser extent) let SMs see how hard the block would be to manage. Experience tells us that if the SM does a reasonable job in the first year, the strata scheme won’t be rushing to change them.
Your strata manager either doesn’t know basic strata law or they are con artists and frauds. How many reasons do you need to sack them?
If they resist or make things difficult, tell them you plan to report them to Fair Trading (who won’t do anything but it will make you feel better).
I thought this kind of dodgy dealing had been stamped out. Once again, I am stunned! As for what to do, send them a link to this Forum post.
As for the dodgy minutes of the non-existent meeting, they are irrelevant. The law doesn’t allow you to give them a two-year contract and if they were real strata managers they would know that. Please, report them to Fair Trading anyway, just in case.
Strata Schemes Management ActSection 50 Term of appointment of strata managing agents(1) The term of appointment (including any additional term under an option to renew) of a strata managing agent for a strata scheme expires (if the term of the appointment does not end earlier or is not ended earlier for any other reason)—
(a) if the strata managing agent is appointed by the owners corporation at the first annual general meeting, at the end of the period of 12 months following that appointment, or
(b) in any other case, at the end of the period of 3 years following the appointment.
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On reading the information you have now supplied, I think your first step should be to share the roles of chair, secretary and treasurer between the two of you – you can do that at a properly constituted committee meeting with “election of officers” on the agenda.
That is the first step to a proper dog and tail relationship being established.
FYI: Anyone on the committee can hold two or three offices jointly, the committee can elect (or sack, for that matter) any officer at a properly convened meeting, and the committee can resume the roles delegated to the strata manager at any time they so choose.
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It may be in the best interests of the strata committee and the strata manager but whether or not it’s in the best interests of the Owners corp can only be determined by the owners at a general meeting.
This is a commonly used tactic to try to deflect opposition to a plan – refusing mediation means you now have to take it to the tribunal.
However, in so doing, it opens the door for you to do that – you only need to have attempted mediation – and at the same time you can for an interim order to prevent them from going ahead with the removal of the plants and trees.
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I didn’t know NSW had a restriction on even general discussion without it being an explicit agenda item.
To be honest, I don’t know if there is a specific law about that but I do know that most professional strata managers jump on it very quickly, if only for the sake of clarity.
It is all too easy for an item that comes up under Any Other Business to be discussed and even voted on, or at least achieve a general consensus, and then make it’s way on to the minutes at which point someone will want to know why it wasn’t on the agenda
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… yes your comments are harsh – don’t criticise what you don’t understand.
Only now are you telling us that you have been on the committee for a year, that there are only two of you on the committee, that you have no office-bearers …
Are we supposed to be mind-readers? If you want an informed answer to your questions, you really need to provide relevant information.
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You have to bear in mind that I was appointed to the EC within 3 weeks of purchasing this unit – my first experience of strata.
Hmmm. you seem to have formed some very strong opinions for someone who has admitted they don’t know what they’re doing
The accounts records looked hieroglyphic, and still do, and possibly do so to other owners who may not have the backgournd to be able to interpret them.
Again … what was it Dylan sang? “Don’t criticise what you can’t understand.”
I did not even know what a ‘motion’ was.
Your words …
To note, I think that’s what this SM does, encourages appointment of people who have no idea, or who are to busy (i.e. about to have a baby) so as to avoid doing any work.
Or maybe they are keen to get fresh energy on the committee. By the way, the SM doesn’t appoint committee members. They are elected at an AGM or co-opted by a vote of the committee when a vacancy arises mid-term.
What I’m saying overall is that this SM is blocking me and my complaints, even though I am on the EC. As someone once said on this forum – “the tail is wagging the dog”.
The strata manager is not required to correspond with individual committee members. That should be done via the secretary or chair, in the first instance. But I can see it can be frustrating if the lines of communication are blocked, even to people on the committee. The question is, who is doing the blocking.
If the motion for a new SM is not passed, (possibly due to no quorum) …
If there is no quorum at an AGM, the chair can just wait 30 minutes then declare those present to be a quorum.
… I will be commencing mediation proceedings against them to take action on these matters. It is unfortunately that kind of situation. The committee has included funding for repairs, but the repairs are never followed up by the strata manager. At the last AGM they were discussed verbally. I would like to have it on the agenda formally.
How many of you are there on the committee? You made it seem like there were only two
Can you suggest any wording for these motions? or suggest a site where I can find the wording so I can put this into a legible email.
My comments may seem a little harsh – and that’t not my intention – but what I’m reading is someone who admits they don’t know how things work and then sees a conspiracy behind them not working.
Raising the money for works to be done is not enough. The strata manager needs clear instructuctions to go ahead and get quotes for the work and then hire the tradespeople.
I suspect that the blockage is in your committee (if there others there who aren’t poursuing these issues).
as far as motions go, just put your propsal in precise, simple language.
Motion: That the fence on the (whatever ) side of the block be repaired and the budget be adjusted to pay for it.
Motion: That the strata manager be intructed to issue Notices to Comply to any residents parking in breach of By-Law (whatever its number is.)
It’s really that simple, but you can attach explanatory notes to the agenda motion, laying out your case if you feel some owners may need to be persuaded.
I also strongly recommend you contact our sponsors Strata Answers who provide a low-cost option for owners and committees requiring advice, information and support.
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I did not even know there was a “other business” item, and will definitely utilise this point.
Strictly speaking, in NSW there is no “other business” item on agendas. The only issues that can be discussed, voted on and minuted must be detailed on the agenda (so that everyone can see in advance what is going to be discussed). However, some committees have an informal chat after the meeting has been declared closed, partly to decide which issues need to be on the agenda for the next time. To be fair, a lot of committees don’t follow correct procedure at all, but doing so leaves their decisions open to challenge at Fair Trading and NCAT.
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Usually it needs the a letter from a medical professional … that states that indeed the subject needs the animal in order to function in daily life. Its not a registration that’s given lightly
Indeed not, and it’ll take a bit more than a letter from a doctor. Have a look at this website which explains the steps and criteria required. Ultimately you need to prove both a disability and that the animal has been trained to alleviate it or assist, before you can get a no-fee registration at your local council.
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From the conversations I had with the OC, it’s very unlikely they will agree to pay for the installation of a triple-glazed window.
They might if the alternative is to move the water heater.
The first thing you should do is start proceedings at Fair Trading for mediation with a view to taking action at NCAT under section 232 (2), failure to fulfill their responsibilities under the Act.
And bear in mind, your job is not to come up with a solution; the OC’s job is to resolve a problem with common property. If they say it’s not common property, tell them you will be removing it and replacing it with an indoor heater just for your home.
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Write a letter to the committee seeking an assurance, to go on the record, that no common property was damaged during or subsequent to the renovation.
You would also like it to be put on record if any ex gratia payments have been made to any committee members or to the strata scheme to cover damage to common or personal property, especially in case future insurance claims may be affected.
By the way, someone needs to write to the council’s planning department. Any work inside a unit that involves changing the layout or removing load-bearing walls requires council approval. Your committee has been duped.
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There’s an old saying that “defamation is for people with deep pockets” – and that applies to both sides. Unless you have a shed-load of money lying around, you can’t even think about hiring the kind of lawyers you’d need to effectively pursue a defamation case. And even if you win, there’s nothing to stop the other side declaring bankruptcy and leaving you to pay your own costs.
A more fruitful route may be to seek an Apprehended Personal Violence Order (APVO) through your local court. APVOs cover intimidation, harassment and stalking. If you think you can prove any or all of these things, then this would be a much less expensive and possibly more effective way of dealing with this.
In the meantime you could write a letter to your committee and insist that they circulate it to all residents, refuting the claims in the previous letter, detailing the harassment you have endured and pointing out that if it doesn’t cease immediately, and if they don’t circulate your letter, you will be seeking an APVO.
And you should tell your landlord that this is what you plan to do. As members of the owners corporation, and your landlord, they have a duty to protect you from this kind of treatment. But you want to have them onside, so I wouldn’t be too aggressive.
I’m no lawyer but I believe verbal assaults and “poison pen” letters come under the definitions of “violence” as far as APVOs are concerned. That could be your best avenue for resolving this issue.
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Why I want to invoke s 57 us that there were no strata committee minutes approving such payments and yes, agent is delegated full responsibility per his strata agency agreement … owners can plead that they relied on agent for his expertise and that the agency did that.
Despite a long and chequered history of highly dodgy strata managers doing extremely dubious things, in NSW at least, no Strata Manager has ever been “struck off” for being really crap at their jobs.
In fact, someone from SCA once told me that they had pursued a case that involved many egregious examples of ignorance and deliberate breaches of the law against a (non-member) strata manager at Fair Trading, only to be told they were “pretty standard practice”.
I was told, several years ago, by the then head of Fair Trading’s section handling Strata Manager’s registrations that when they were given proof of poor behaviour by a strata manager, they would “counsel” the culprit to behave better and do nothing more.
The point I’m making is that going after the strata manager could be a massive waste of time and energy.
The lack of strata committee minutes is significant, but the strata manager will just say they were instructed by phone. Don’t forget that the committee can take back all or any of the roles delegated to the strata manager at any time.
Your problem will arise when the owners say the work done on their units was the repair of common property that was not required anywhere else.
This is one of the very few occasions when I would say that the compuslory appointment of a strata manager is probably your best option.
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… do we have to grant further access to park on the common driveway for her if she plays the medical disability card when it’s impacting the whole complex coming and going ?
That seems very unlikely. The ACROD website recommends that only disabled people with a mobility equipment requirement use the regular disabled spaces, not everyone with a permit. So demanding a special space just because she need to walk a little further would be ridiculous. Have a look at their website.
Where do we draw the line in being accommodating and still be fair to all the other residents ?
You draw the line at not creating a dangerous situation by allowing someone to park on a common driveway. I’m not sure what the process in WA is, but in NSW she would get a Notice To Comply from the committee or strata manager telling her that she was breaching a by-law forbidding parking on common property.
And are we setting a precedent for other residents to get complacent and park outside their unit every time they can’t be bothered putting their vehicles where they belong ?
Yes. Very much so.
It sounds like you have a cantakerous neighbour who doesn’t give a damn about anyone else, so why should you or your neighbours care what she thinks? If she keeps bashing into things, including your car, you might want to take a look at this web page which very briefly tells you how to report someone who shouldn’t be driving because of their age.
Or you could get a third party to tell her that unless she behaves, she could end up being fined under strata laws and lose her licence.
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