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It’s only a general meeting decision if a general meeting decides it is. Otherwise it fall under the kind of decision that committee is allowed to make as if it were the whole of the owners corp.
As for the limit on spending, I assume it would not apply in this instance. But since the AGM has already occurred, perhaps you could tell us what happened.
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It is utterly preposterous that we have a system that requires a super-majority to pass by-laws and then we have to prove the by-laws are pertinent before some retired solicitor who doesn’t understand strata and doesn’t care about strata residents, and sits there like Solomon, re-litigating every nuance of what should be an open and shut case.
If someone breaches a by-law, they should be fined and orders issued to correct the problem. If they want to challenge the by-law, they have plenty of opportunities to do so at AGMs etc. Otherwise the burden of proof should be on them, not the strata scheme, and there should be an assumption that they will bear all the costs unless they can prove beyond doubt why they shouldn’t
The NCAT system is just as bad as CTTT ever was, with too many duffers and fumblers making decisions based on nothing more than their own biased ignorance.
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I have been told that NCAT has recently refused an application for an Interim Order, on the grounds that an improperly conducted strata committee election did not constitute an emergency of the kind for which Interim Orders were intended.
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I think a lot of it has to do with the level of disruption of other people’s training. I know a PT who occasionally trains people in her block’s under-used gym. Nobody seems to mind, but then she isn’t bringing in half a dozen non-residents for a group class, and taking up all the space and equipment.
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You need to get your strata manager or committee to issue a notice to comply or seek mediation and orders immediately, to establish that the floorboards are illegally installed so that they become the responsibility of the vendor or the buyer and not the owners corporation. Do nothing and your OC could be plagued with problems.
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Then you should send the owners corp the bill and make a claim through the courts if they won’t pay. Just becasue something isn’t covered by insurance doesn’t mean there is no liability. There is no way that you should be the only one who suffers due to a defect in common property.
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For the uninitiated, Section 182 refers to the right of owners to see strata records and section 87 to an application to alter the amounts of levies and/or the method of payment.
Section 79 relates to the need to provide estimates for capital works.
I think to be on the safe side you go back to NCAT and ask them to confirm that the ruling applies to special levies and/or the they remove the committee members from the strata committee because of their clear intention to by-pass legitimate rulings by the tribunal.
By the way, you should point out to the other owners that overpayenmt of levies can only be refunded if 100 per cent of owners agree – so they should be aware of that when paying these levies.
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There is no legislation, per se, but this could be covered by a by-law. However, you would have to be careful how you worded it, depending on whether:
- The personal trainer is coming into the building to train residents, or
- The personal trainer lives in the building and is using the facilities to train their clients who are might be resident and non-resident, or
- The non-resident personal trainer is coming into the building to train a resident and bringing in other non-resident clients to train at the same time, or
- Some other combination of the above.
The critical question is, where’s the harm? If a PT is using communal equipment to train clients and that doesn’t interfere with other owners wanting to use the equipment, then is that any worse than someone letting their apartment, and by extension, common property facilities, to non-residents?
But if there is a problem, create a by-law that defines how and when PTs can use the gym.
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To make sure this is discussed, you need to submit a motion for consideration at the next strata committee meeting, preferably accompanied by time stamped or coded pictures, and one for each day that you see them. If the committee still declines to address the issue, you can take actions against them at NCAT.
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At the directions hearing, the “rebels” could outline the case above and present it as an attempt to thwart the will of the Tribunal and ask that, if it happens, it should trigger a move to replace the committee with a statutory strata manager for the next two years.
That way you will get rid of your committee and strata manager in one fell swoop. This could still happen after the event, by the way, so it might be enough to let the committee and strata manager know that this is the plan.
There is a danger, however, that the person presenting this could come across as a little paranoid if they don’t have evidence of this plot to offer.
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Replacing worn carpets is a decision that can be made by the committee – it’s maintenance, not a change to common property or an improvement. The relevant website says this: “A body corporate must maintain the common property in a good and structurally sound condition.”
Of course, “good condition” is a variable concept, but worn carpet can present a trip/fall risk and that would be reason enough for replacing it.
Presumably your committee has meetings, so you should write to the secretary and ask that a motion to replace the carpets be included on their next agenda.
If they don’t have meetings between AGMs, ask that they call one to consider this.
If they refuse to call the meeting or have the meeting and refuse to replace the carpets, you can seek orders via the tribunal system.
You start with a request for conciliation HERE.
If that fails, you can seek adjudication – starting HERE.
Good luck.
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Probably won’t need a by-law if the Tribunal has ordered that it is allowed. But Kaindub is right, and the wording of the tribunal’s ruling is critical.
Prsonally, I’d be asking if the OC wanted to go back to the tribunal for orders, at which point I would be seeking monumental costs.
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Again, no, that is not correct.
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My understanding that the new law that will allow and regulate short-term holiday lets will not apply to genuine home sharing, which means the owners corp will not be able to pass a by-law that bans it.
If your by-law bans all holiday lets, regardless of whether or not the host is present – it is liable to be tossed out for being in conflict with superior law.
This is what the Fair Trading website says on the matter:
New planning laws will allow short-term holiday letting under certain conditions. If the host is present, they can use their home for short-term holiday letting all year round as exempt development. That is, they do not need to submit a development application to local council.
Bear in mind that this law has not yet been enacted, so we are still working on the old laws which may allow strata schemes to restrict holiday letting, depending on the terms of their development approval and council zoning (which often forbid holiday letting).
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