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David Ng said:
With our AGM nearly due are they allowed to vote on resolutions?
I assume by “they” you mean the new owners. Generally, people become members of the owners corporation as soon as their names are added to the strata roll.
But the legal definition of an owner is containe in the Subdivisions Act of 1988 where “owner” means—
(a) for land under the Transfer of Land Act 1958(other than land in an identified folio under that Act), the registered proprietor of the fee simple in the land, or a person who is empowered by or under an Act to execute a transfer of the land;
(b) for land in an identified folio under the Transfer of Land Act 1958 or land not under the Transfer of Land Act 1958, a person who has an estate in fee simple in the land (except a mortgagee), or is empowered by or under an Act to convey an estate in fee simple in the land;
None of which is at all helpful. Basically, if any of the new owners wants to vote, they’ll have to have their name included on the strata scheme’s Register before the meeting. That would normally be done by the secretary or strata manager if you have one and, I assume, would require proof of ownership or perhaps appointment as a power of attorney for the deceased estate.
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Presumably the quotes were sent in response to a previous request so you could argue that the clock started ticking when that went in. Asking for information (quotes) is not the same as making a decision. So, in my humble, non-legal opinion, you could take the timing from the point when you first asked for the problem to be fixed.
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This is a change of use issue and there are all sorts of restrictions on that, both (potentially) at the level of strata rules and council planning.
My first thought would be to check your rules (by-laws) about keeping animals and/or running businesses.
If you have no specific rules on these issues, the “model” by-laws apply.
Also there are insurance issues to consider as your block may well not be covered.
And I’m pretty sure the local council will have a view too.
And, just putting my common sense hat on for a second, your secretary or strata manager should be writing to this person saying this business is entirely inappropriate for a block of units.
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There is no reference to what is in the planter boxes — they could be empty, for all we know — so you shouldn’t assume that’s the issue, which in any case it clearly isn’t.
The planter boxes have been placed there as a physical barrier, according to Roland. This isn’t a gardening question, it’s a matter of what strata committees can and can’t do on common property.
But, yes, drainage from planter boxes used for plants is a concern, and thanks for pointing it out.
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Send a request to the committee to take action on the repairs. If they ignore it for two months or refuse, you can take them to NCAT under Section 232 (2) “Failure to exercise a function”. If you have already sent an official repairs request, them you only have to wait a month before taking action (mediation followed by orders at NCAT)
And you could just explain that is your plan, which may put a rocket under them.
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The problem here is not the planter boxes but the glue. The strata committee can put planter boxes pretty much where they want. But fixing them to common property is a whole other issue.
And isn’t the main issue the parking problem rather than the fact that a minority of owners have taken a decision on behalf of the others (which is precisely what a strata committee is supposed to do)?
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The fact that your owners corp refused mediation doesn’t mean that you can’t proceed to NCAT. In fact, in some Members’ views, that would work against them. Go with NCAT as, despite its flaws, it is the only no-cost option for owners.
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Put a politely worded motion to the next Strata Committee meeting that the secretary explain to owners in writing, in a note to go out with the SC minutes, the current status of the issue, including specifically, the questions you want answered.
Do not make your motion accusatory or your questions non-specific. They should be something like:
- Have quotes been sought for the work on project X?
- Has a preferred operator been decided.
- When does the committee expect work on Project X to commence?
- When does the committee expect work on Project X to finsh?
Asking an open-ended question like “What is happening with project X?” will probably get you a non-specific answer like “The project is moving forward satisfactorily”.
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And just to expand on my previous comment about the 1960s building where “the strata” paid for all the windows to be replaced, there’s a couple of things to remember.
“The strata”, or owners corporation, is all the owners, so by replacing all the windows, all the owners are paying for it. It’s not a freebie from an anonymous body. Your friend still paid, but through their levies.
Also, by replacing all the windows at the same time, the owners would have been able to negotiate a much lower cost than if they had all done it individually, so it makes sense from that perspective. Also it would have guaranteed uniformity of appearance, so that’s another plus.
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In 1974 strata law in NSW was changed to redefine common property from being everything outside the mid-line of the external walls to everything outside the inner surface on the outer walls. Thus, windows, sliding balcony doors and entry doors went from being lot property to common property for buildings completed after that date.
Have a look at this post on the LookupStrata website which pretty much explains everything.
And, yes, establish the true age of your apartment block. And yes, ask the strata manager (politely) to explain their thinking.
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Your windows in a pre-1974 block are probably lot property (your responsibility) unless at some point the building has passed a resolution subsuming them into common property. Check your by-laws.
Your friend’s building may have done this, or be company title, or have just decided to do it as it was easier than getting everyone to pay for their own.
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Most blocks want to retain collective ownership of windows and the like because they can more easily control the design and look of the windows, and make sure they are doing their job in protecting common property.
You could possibly pass a by-law provided everyone agrees (four units of roughly equal unit entitlements effectively need unanimous agreement, since a vote of 25 per cent against would sink any by-law).
But why would the people with the widows that need replacing do so at their own expense when it could be shared?
On the other hand, if it makes the difference between getting it done or not …
Just make sure your by-law contains clauses ensuring that any changes to the look of the windows are agreed by a majority of owners and agreement that the lot owners will repair the windows at their own expense immediately after defects or maintenance issues become apparent.
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I think there is a model out there (in the UK, perhaps) where websites have 30 days after a complaint to delete potentially defamatory content, but then have to wear the consequences if they decline to do so. Seems eminently fair to me.
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