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It’s a pretty impressive service and all those documents that often to go astray, like the original plans and contracts, will be available and will survive multiple committees, secretaries and strata managers.
I would suggest it to my committee but that would guarantee that they would never do it.
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Assuming your committee wants you to be able to see everything (and that’s a big assumption) there is a service called StrataVault that will scan and digitise all your records, plus newly generated documents, and store them off-site so you can access them any time you need to.
Why would you need to store your documents off-site? Just ask anyone who has switched strata managers from someone who is either inefficient or just pathologically unhelpful (especially since you just sacked them).
You can check out StrataVault here, and don’t forget our sponsors StrataBox who can look after the front end of your intra-strata communications.
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… can the committee and/or owners corporation do this anyway without a by-law since it is altering common property?
Section 108 of the NSW strata Act says “an owners corporation or an owner of a lot in a strata scheme may … alter the common property … for the purpose of improving or enhancing the common property” but “any such action may be taken … only if a special resolution has first been passed by the owners corporation that specifically authorises the taking of the particular action proposed.”
Does that cover effectively closing the pool or at the very least changing the conditions of the pool to make it a lot less of an attractive option?
I really can’t say for sure but I’d say there’s enough of a grey area there for any owner who strongly objects to take the issue to a Tribunal and possibly even get interim orders to prevent it until the issue is resolved (which would effectively prevent it from going ahead this year, at least).
And that’s when the committee must decide, if they don’t get at least 75 percent voting in favour, whether the savings aren’t outweighed by the cost of fighting and winning.
But I’d be really interested to hear from Flatchatters who’ve been in similar situations where cost-saving changes to common property were challenged at the Tribunal.
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It’s probably the owner or occupant of the unit who’s responsible. If the strata scheme has adopted Fair Trading’s common property memorandum, it says lot owners are responsible for “fuses and fuse boards within the lot and serving only that lot”.
Even if the scheme hasn’t adopted the memorandum, Fair Trading says; “The supply of electricity is the owners corporation’s responsibility. However, any cabling within the unit’s internal walls that only services the individual lot, is the owner’s responsibility.”
That would suggest to me that the fuse box withing the unit is the owner’s responsibility.
Unless your son can show that the electrical supply to the fuse board caused the problem rather than, say, a fault or overload within the unit, then the strata manager is probably right.
Just as an aside, even when schemes haven’t adopted the Fair Trading memorandum, in the absence of any definitive by-laws or rules, Tribunals use it as a guide to who’s responsible .
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We are all in uncharted territory here and you may even find greater engagement from other owners than you would normally get at an AGM. All you can do is make sure as many people as possible tune in on Zoom and and least listen to the counter arguments.
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I’m not too genned up on strata lawyers in Victoria but maybe our Vic Flatchatters can assist (By personal message, preferably).
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If you are allowing visitor parking to be used for extra resident parking, you are probably in breach of your Development Approval.
If it is only allowed with the written approval of the committee, change the rules so that each person who applies has to register the rego number when they apply.
Do an “audit” of cars parked in the car park and reject any cars that are unregistered or unroadworthy. You might even consider a “surrender tackle” contact with the local council to get them to tell uyou visitor parking is for bona fide visitors.
All you are doing is storing up problems for the future and giving some owners free parking at everyone else’s expense.
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The NSW government has just passed legislation that allows the regulations on AGMs and paper and/or electronic voting to be allowed and AGMs to be delayed. The new regs have not been announced (that I can find) but they should be soon. Your strata manager/committee shouldn’t be in any rush to hold the AGM until then.
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The Tenants NSW website says this: “notice can be given on or before the last day of the fixed term” and “Give a minimum 14-day termination notice. The termination date in the notice can be the last day of the fixed term or up to 14 days after. You have to give this notice before your fixed-term agreement ends. Vacate by the date in your notice.”
In other words, if the tenant gives notice on or before the last day of their tenancy agreement, then it only has to be 14 days from the date they give the notice. If they wait until after the lease has expired, it’s 21 days.
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OK, coronavirus has hit a lot of different people in different ways – but it’s no excuse for a total lack of communication (although some businesses will use it as such).
How about sending them a letter saying that if you don’t hear back within seven days you will assume you are no longer their clients and can you have your books back please so you can pass them on to another agent?
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