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Tell them having the committee/strata manager taken to NCAT under a section 232(2) for failure to exercise their responsibilites under the Act looks even worse.
As a compromise, your strata manager could send out a general warning letter that rogue parking is in breach of the by-laws and failure to comply will lead to NTCs and possible fines. That’s one notice.
Prospective buyers will look more favourably on a scheme that has had a problem and dealt with it than one that’s clearly pretending there is no problem. I think your biggest issue may be that you have a lazy strata manager and/or committee.
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Our block was just over a year old when it first manifested, so I would assume nothing.
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Outing our ousting? 🙂
I wasn’t suggesting that necessarily but you will still need allies if you decide to challenge their decision not to consider your proposal for a new door.
As ScotlandX outlined above, the only “powers” defined by the Act are to chair meetings and, in extreme circumstances, rule motions on the agenda to be invalid. In fact, the secretary has more clearly defined functions and powers.
However, chairs can get above themselves and think they have executive authority to prioritise issues in the building (for instance). This is one of the reasons the NSW government changed the name of the strata committee from “executive” committee.
Once autocratic chairs are embedded, and have convinced the other owners that the building couldn’t function without them, it becomes very hard to get members of a committee or owners at a general meeting to even speak up, let alone vote.
In the worst cases, the chair will take a challenge to their decisions as a challenge to their position so whether or not you plan to oust them, that may be how it’s perceived.
But that shouldn’t deter you. Some quiet diplomatic chats with other owners may work wonders.
By the way, is it your front door or the one to the building and why do you want it changed?
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Traditionally, strata managers have avoided putting maintenance funds into interest-earning accounts because that would attract tax which would cost more to calculate and submit than you’d earned.
Strata managers are required by law to have separate accounts for each Owners Corpration but that doesn’t mean separate bank accounts – just a record of the amounts that they hold in trust for each owners corp, and for what purposes.
If you are self-managed then you probably need to ask whether the minimal interest you might earn in a commercial account would be more than offset by tax and acounting implications.
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The glass has to be fit for purpose but it may be the fixings that are failing, rather than the glass itself. My block had a problem with the pins holding the glass in place at the bottom of the frame corroding and dropping the glass so that it flipped out at the top. The simplest solution was to add aluminium “lips” at the top. It was still expensive though.
To answer your question, get a building surveyor to examine why the glass failed and then work out if that is likely to be replicated. If you are still within the claims period, get the developer on to it pronto.
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Asking the strata manager to raise the issue anonymously on your behalf is perfectly acceptable. They can take whatever tone they want but they will be anxious to avoid a long and fractious dispute at Fair Trading or NCAT.
But maybe your main thrust should be to get the garage door fixed.
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The chair has no executive powers, as ScotlandX and Col Schultz has said, but what power do they wield in the community. If their word is effectively law, then quoting chapter and verse of strata law will make no difference. E.g. when your motion goes to the AGM to replace the front door, will it even get on the agenda.
Sure, strata law is on your side – but how much hassle and grief will you face in having that recognised. Just make sure you have some reliable allies in the block before you make your move.
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I can’t possibly advise you to ignore strata law, but if it was me, with the summer of hell we have ahead of us, I would tell them that I had given them the chance to discuss this and their delays are unreasonable, so I would be going ahead with the installation and if they wish to meet to try to prevent this, to just let me know.
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Yes, you need your OC or committee to pass a resolution to allow electroninic voting and then provide the means to do so (see links below).
Regarding proxies, you may be confused between the need for an electronic voting form and the fact that you can’t vote electronically in a strata committee election (but you can use a proxy to do so).
Have a look at Section 14 and Section 15 of the strata regulations. They should clarify the issues.
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Colonel Schultz said:
I am telling flat chatters that as a lot owners they have every right to inspect the strata role. That’s the law.
That is not in dispute, but you are also telling Flatchatters they have the right to obtain other owners email addresses through the strata roll and that is strongly disputed by strata managers, precisely the people who have the power to provide or withhold that information.
Your opinion is precisely that and only that. You have provided neither proof nor precedent that counters prevailing practice and I would strongly caution anyone against embarking on a potentially costly Tribunal action to get email addresses based on your opinion alone.
Also, your opinion would carry a bit more weight if you took the trouble to spell strata roll correctly. We all make occasional mistakes but yours is a consistent error, even when you copy and paste material where it is correctly spelt.
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Whether we agree or disagree is irrelevant. As quoted above from the SCA, strata managers are going to refuse to reveal the email addresses of strata owners on privacy grounds and no one has, as far as I know, successfully challenged that.
So there’s no point in us telling Flatchatters that they are entitled to see the email addresses of their neighbours when they will not be allowed to do so.
I plan to raise this with the Attorney-General’s office to get a definitive ruling … if I can.
Watch this space.
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As has been pointed, out Legge was resolved before the current Australian Privacy Principles were updated. So, again, show me a ruling that proves your point or accept, please, that this is just your opinion.
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You might assume that the fact the work is no-impact or low-impact on common property makes it a “cosmetic” renovation but Section 106 of the Act states that “prescribed” work isn’t covered by that section (below). Installation of split system aircon is prescribed work (in the strata regs).
Also Section 106 excludes work that changes the outward appearance of the lot (even if it means it will look exactly like the other lots).
So, basically we are back at the previous advice. Tell them that you are installing the air-con, send them the details and inform them that they don’t need a full general meeting to approve it as it could be done via a ringaround.
Section 106 Cosmetic work by owners(1) The owner of a lot in a strata scheme may carry out cosmetic work to common property in connection with the owner’s lot without the approval of the owners corporation.
(2) Cosmetic work includes but is not limited to work for the following purposes—
(a) installing or replacing hooks, nails or screws for hanging paintings and other things on walls,
(b) installing or replacing handrails,
(c) painting,
(d) filling minor holes and cracks in internal walls,
(e) laying carpet,
(f) installing or replacing built-in wardrobes,
(g) installing or replacing internal blinds and curtains,
(h) any other work prescribed by the regulations for the purposes of this subsection.
(3) An owner of a lot must ensure that—
(a) any damage caused to any part of the common property by the carrying out of cosmetic work by or on behalf of the owner is repaired, and
(b) the cosmetic work and any repairs are carried out in a competent and proper manner.
(4) The by-laws of a strata scheme may specify additional work that is to be cosmetic work for the purposes of this section.
(5) This section does not apply to the following work—
(a) work that consists of minor renovations for the purposes of section 110,
(b) work involving structural changes,
(c) work that changes the external appearance of a lot, including the installation of an external access ramp,
(d) work that detrimentally affects the safety of a lot or common property, including fire safety systems,
(e) work involving waterproofing or the plumbing or exhaust system of a building in a strata scheme,
(f) work involving reconfiguring walls,
(g) work for which consent or another approval is required under any other Act,
(h) any other work prescribed by the regulations for the purposes of this subsection.
(6) Section 108 does not apply to cosmetic work carried out in accordance with this section.
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YolBee said:
I was advised it has to go to a meeting of the entire OC. All seems a tad excessive.
Indeed it is. Unless your Owners Corp has previously specifically ruled that questions like this have to be resolved at a general meeting, then this decsion can and would normally be made by the committee.
Section 36(2) of the Act says: “A decision of a strata committee is taken to be the decision of the owners corporation.”
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Sorry, I misread the previous question. The partner of a committee member can pass on instructions etc as if they came from the committee member, and read correspondence on their behalf. But they can’t act independently as if they had assumed the role in the committee.
It’s the same as a business person having a secretary or PA handling their correspondence in their absence from the office. They’re not making decisions, just directing traffic.
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