[Jimmy-T]

There may have been good reason why the supplier exceeded the cost approved, e.g. the need to do something on the fly, so to speak, to save other costs and hassles down the track.

The first thing you, your committee or strata manager should do is have a meeting or chat with the supplier to ask why they exceeded the cost cap.  

If they don’t have a good reason, don’t pay the difference.

If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.

[Jimmy-T]

Is what the correct interpretation? You have cited several sources. 

But to answer the question, if the smoke alarms are connected to each other or wired into the building (in whatever way), they are strata responsibility.  Otherwise, unless otherwise stated in the strata plan or by-laws, they are the individual lot owners’.

If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.

[Jimmy-T]

@steven strata said:
As for the “official Form”  I note this only someones interpretation of the ACT,  I think not a copy of a form prescribed by the act.

Not so.

This from schedule 1 of the Act:

(1) Duly appointed proxy

A person is a duly appointed proxy for the purposes of this Part if the person is appointed as a proxy by an instrument in the form prescribed by the regulations and the form is signed by the person appointing the proxy or executed in any other manner permitted by the regulations.

And from the Regulations …

13   Proxy votes—owners corporation

For the purposes of clause 26 (1) of Schedule 1 to the Act, an instrument appointing a proxy is to be in or to the effect of Form 1 in Schedule 1.

Another question which the act does not seem to address is,  How many proxies can the strata manager cast? … I assume it’s the same as for any other person .. ie only one for schemes with 20 or less lots.

The Act doesn’t address this specifically do you can assume it’s the same as for everyone else (except strata managers may not use proxies to vote on issues in which they have a pecuniary interest).

If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.

[Jimmy-T]

Since this affects common property which is presumably being damaged by the delay, you, the strata committee or strata manager could seek interim orders requiring access from NCAT.  Interim orders do not require mediation first and can be heard within seven days.

Have a look at this page on the NCAT website then, if you want to proceed, fill in this form (which must be posted – you can’t apply for interim orders online).

Occupier means resident, in the above context.

If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.

[Jimmy-T]

What you are saying seems logical but you also have to address what it says on the official proxy form. which refers to proxies “held” rather than employed in a vote.

In case there are contradictory impressions given by the Act and the form, you might pay particular attention to the final note on the form: 

2. A proxy is not authorised to vote on a matter … if the right to vote on any such matter is limited by this form.

If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.

[Jimmy-T]

I’m not sure I understand.

Any non-owner (with a few specific exceptions) can be nominated in writing by an owner – or any person entitled to vote – who is not standing for office themselves. 

Schedule 1, Section 5 of the NSW Act says nominations must be made in writing and may be  made before or at the meeting.

This is not about proxies.  It’s about written nominations.

5 Nomination of candidates for election prior to meeting

 

(1) The written notice of an annual general meeting is to include a call for nominations for members of the strata committee at least 7 days before the annual general meeting of an owners corporation.

(2) Any owner, or any person entitled to vote at a general meeting of an owners corporation, may nominate a person for election as a member of the strata committee.

(3) The nomination is to be made by written notice given to the secretary of the owners corporation or, in the case of the first annual general meeting, to the convenor of the meeting, that states the name of:

(a) the person nominated, and

(b) the person making the nomination and that the person nominated consents to the nomination.

(4) The secretary must include the nomination in the notice of the meeting at which the election is to take place. Notice of any subsequent nomination is to be given by the secretary at the meeting.

(5) A nomination may be made at any time before the election is held and may be made at the meeting.

(6) An owner or a person may make a nomination even if the owner or person cannot vote because the owner is an unfinancial owner.

If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.

[Jimmy-T]

Did the committee or strata manager give any warning that there was a cap on the cost of the report?

If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.

[Jimmy-T]

Worth mentioning that some public (paid) car parks in USA cities charge more for SUVs. In this user-pays world, that could be a route worth exploring. 

If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.

[Jimmy-T]

@Austman said:
But I do see that NCAT has an “Urgent applications” system that can be heard within 1 to 7 days:
This is to obtain “interim orders”.  Eg that the works must stop until they are approved.  

And it is one of the exceptions that don’t require mediation before it can proceed.

If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.

[Jimmy-T]

@Bn said:
I’ll take the media bait …. 

2017 Commodore – 1900mm; 2019 Corolla – 1790mm; 2019 Hilux – 1855mm; 2019 Camry – 1840mm

so actually you have more room than historically to open your doors.

Not so … The standard Australia and NZ parking space width is based on the dimensions of a 1979 Ford Falcon which was 1870 mm wide.  At the time, 85 per cent of cars were narrower and the stated expectation was that it was highly unlikely that you would find two vehicles that wide, or wider,  parked adjacent to each other. That clearly is no longer the case.

The Top of the line Ford Ranger (the second-best selling crew cab) is 2028 mm wide, the Mitsubishi Triton is 1815 mm, The Nissan Navarra STX is 1850 mm.

Length can be an issue but width is normally the big factor in practical terms (per the article)…   

The length may in fact be the main issue, and it’s not just about whether or not the vehicle goes over the line. The boffins who set the current standards did considerable research into turning circles of cars when being parked, working on the basis that not every square centimetre of parking space would be occupied by the vehicle.

Imagine if you came home one day and discovered you neighbour had built a brick wall along the lines of their parking space or put a metal bollard on each corner. If every iota of a parking space is occupied by a nice shiny vehicle, the effect is the same.

For comparison’s sake, the Navarra STX is 5255mm long, the Triton is 5280, the Ranger is 5398 and the Hilux 5330. The 79 Ford Falcon, on the dimension of which car spaces were first calculated, was 4865mm long  – a full half metre shorter than the Ford Ranger

If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.

[Jimmy-T]

Your strata manager should be issuing notices to comply directly to the tenants.  Dealing with rental agents is a complete waste of time as there is nothing it it for them.

Also, if need be you may need a new by-law covering behaviour on common property and perhaps another covering parking on common property.

Oh, and you might want to start looking for a new strata manager too.  If they don’t want to do their job, find another one who does.

If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.

[Jimmy-T]

I don’t disagree with Lady P’s assessment but I think we may be missing something here.  If the fence was damaged by other residents, then the OC should be claiming on the building insurance and, if necessary pursuing the residents or the lot owner for costs.

Sure, there are possibilities for retribution, but that kind of behaviour can get tenants evicted, while not demanding a reasonable level of respect from your neighbours encourages and exacerbates the problem

If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.

[Jimmy-T]

I think it’s fair to say that Queensland has the worst strata laws – as in, least amenable to resident owners – in the country.  The system was set up there to facilitate holiday homes so it’s no surprise that they don’t want any restrictions on short-term rentals.

In any case, the state has bigger issues, such as the legalised corruption of residential management contracts (and the fact that SCA Qld claim that they have “no opinion” on this.)

That pinging sound you can hear is your BS detector going off.

If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.

[Jimmy-T]

@Topsheila said:
I would never condone anyone but owners attending an AGM or being voted onto the SC.  

Yes, but any non-owner can be elected to the committee (with a few specific exceptions) provided they have been properly nominated by an owner who is financial and isn’t standing for office themselves. In the early days of one building I lived in we elected the original architect on to the committee and that was incredibly helpful when we were looking for defects.

If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.

[Jimmy-T]

@chesswood said:
Question: When does letting its tyres down become acceptable?  

It becomes unacceptable when the owner of the car drives off, not realising they have a flat tyre, crashes and either injures or kills someone.

Apart from questions of criminal damage etc, there are two problems with immobilising or vandalising an illegally parked car 1.  The car can’t move so that defeats the purpose. 2. the “victim” knows where you live.

The most effective response I have come across so far was a polite note that simply said “This is not your space – don’t park here again.” left on the windscreen, held in place by a house brick. 

If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.

[Author]

Replies