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Yes, that is correct. All powers delegated to the strata manager revert to the elected office-bearers of the committee as soon as they choose to exercise them (unless the SM has been appointed by NCAT to take over running the show).
I wasn’t saying that secretaries could no longer set the date of the AGM once that it has been delegated, just that there was an alternative available (and one that is commonly employed).
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By-law breaches are the way to go. Once proven at the Tribunal, that gives the landlord the ability to control or evict the tenant and you the ability to go after the landlord if they don’t do anything.
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Define “correct”. There is nothing under the law that prevents him from doing what he’s doing, or forces him to do otherwise, but that doesn’t make it right.
You can force the issue by providing a summary of the changes, in order of significance, to the committee and put a motion to their next meeting that it be issued to all owners before the general meeting required to approve them.
You could also propose a motion for your next general meeting that all by-law changes be discussed and decided individually, again adding your summary to the motion to go out with the agenda.
If you want to go hard-ball, propose a motion to your next strata committee meeting that the secretary be replaced in that role by another competent member of the committee (you’ll need someone to put their hand up) becasue of their failure to fully inform owners of the detail of the proposed by-law changes.
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The answer is “no” to both. There is no legislation currently in place that prevents an owner from letting a room while they are in residence. The new legislation (for NSW) specifically excludes homes where the “host” is present from being caught by by-laws.
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This question sounds familiar – have you posted it before? – but here goes anyway.
1. The Secretary sets the AGM unless that function has been delegated to the strata manager by the Owners Corp. Under the new strata Act, the AGM only has to be held every financial year, not on or near the anniversary of the previous meeting, so it is theoretically possible to have a gap of 22 months between meetings. In the above case, the next AGM can be held any time up to June 30, 2020.
2. The strata manager only has to make sure there is enough money in the funds to pay the bills. If you have enough in your admin fund, you could be getting a levies “holiday”.
3. I think you could only be considered unfinancial if a levies notice had been sent out and you hadn’t paid it.
4. By law, the Owners Corp must have insurance. That would supersede just about any other consideration .
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You can’t really work on the assumption that they won’t fix it properly (regardless of how likely you think that is). However, you are entitled to pursue this at Fair Trading, in the first instance, and at the obligatory mediation you can demand a written undertaking that they will sign the contract by a reasonable date, that this is not contingent on anyone else’s roof being fixed and that it must be done by a licensed professional with the relevant warranties and insurances. If they refuse on any of those points, you proceed to a Section 232(2) at NCAT.
You could also seek a Section 238 order to have the obstructive members of the committee removed for failure to manage the building according to the Act, but that’s a longer shot.
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You (or an independent person) needs to sit down with the committee and explain the facts of life to them.
The strata scheme is obliged by law to maintain and repair common propery – no ifs, buts or equivocations.
If they refuse, you will take them to NCAT and force them to have it done. If they get lawyers involved, you will seek orders to ensure that they and not you have to pay for legal advice.
So, at the end of the day, they will still have to fix the roof, and they will have been charged legal fees.
And if they still don’t get it, you will apply to NCAT to have them replaced by a strata manager – then they won’t get to make any decisions for a couple of years.
This would be a clear case where our sponsors Strata Answers could step in and explain rights and responsibilities.
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Unless the strata manager has the written agreement of the committee, or these duties are in their contract, he or she shouldn’t assume that they are required to do this, or that they can charge for it.
A phone call to your secretary should sort this out … or at least start the ball rolling in getting to the bottom of it.
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I have a feeling that a chain gate like the one advertised here would be an economical way of dealing with the problem.
Does anyone have any experience of this relatively simple technology?
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You could contact a cat rescue charity and they will come and capture and neuter the cats (then release them).
You could have a look at a by-law that doesn’t permit owners to behave in a way that attracts cats on to common property.
But I find these posts a little troubling. You got rid of a large tree to get rid of ibis, now you want to get rid of cats.
But, really, what’s the problem? Are the cats really a nuisance or do you just not like cats?
Good luck with the rats when the cats are gone.
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It’s all about whose name is on the strata roll. It’s generally accepted that only one of a couple who are joint owners has to attend a general meeting to vote. And the attendee can’t nominate themselves for election to the committee – they need a letter of nomination from their co-owner.
Regarding multiple owners, this is usually done through a company structure in which case the company’s official nominee should be established in writing with the secretary, under Section 22 of the Act.
This only applies to general meetings – owners can’t vote at committee meetings unless they are on the committee and only one co-owner from each property can be on the committee.
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What does it say in your by-laws?
Generally speaking, and subject to your by-laws, if the fly screens were installed as part of the original build, then they will be common property. Otherwise they will be the responsibility of the lot owner.
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Mate, clean up your text before you post – PLEASE! This posts was absolutly unreadable because of stray coding left in there when you copied and pasted from your computer. If you must write on an Apple, please do so in text or rtf and then copy and paste.
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“Due care and diligence” would be decided in the first instance by a Member at NCAT. You have to present them with a case claiming a breach and hope they agree.
One argument would be that the committee members had been presented with a compelling argument, backed by evidence and legal opinion, that they were acting wrongly but contined to break the law. Anything short of that is unlikely to fly at NCAT.
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