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@Homestation99 said:
Neighbour is claiming two different rules have been broken according to the model body corp act.Yes, but what do your scheme’s by-laws say? Those are the ones that mater, not the model by-laws. In any case, the only appropriate response is “bring it on!” Let them take you to the Tribunal (NCAT) if they think they have a case. Bush lawyers have all sorts of opinions, expressed loudly, until you say the magic words “see you in court”.
Would this just require me to get approval form the body corp and then she wouldn’t have a leg to stand on?
Exactly. All you need is a letter from the secretary saying you have permission to use the area as your garden until such times as the Owners Corporation requires it for some other purpose.
At this point I can only recommend that you seek the advice and services of someone like Strata Answers, who will advise you and write letters on your behalf (for a small fee) or Nick Penny (NickP@Intensive-Care.com.au) who is setting up a similar service.
An independent person who knows the law and what your options are, and can tell the other parties authoritatively when they are crossing the line, will break the cycle of bullying and BS that’s going on here.
Meanwhile, lock the gate and tell them if they interfere with it, you will have them charged with criminal damage.
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You’ll find all references to voting procedures here in Schedule 1 of the Act and here in the Regulations. I believe the owners corp can vote to choose someone as a “returning officer” but otherwise the job falls to the chair and secretary and/or the strata manager.
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@oldandtired said:
NSW. At the AGM the owners will determine how many committee members that they want then all names nominated will be placed on a board and the owners at the meeting will vote not more than the determined amount and can vote in less than the determined amount. When all the votes are counted the persons with the least votes do not become committee members.Hmmm. Interesting but not strictly legal. This is what the relevant section of the Strata Regulations says:
10 Ballot for strata committee(1) This clause applies to the election of a strata committee for a strata scheme comprising more than 2 lots.
(2) If a ballot for membership of the strata committee of an owners corporation is required, the person presiding at the meeting of the owners corporation must:
(a) announce to the meeting the name of each candidate, and
(b) provide each person present and entitled to vote at the meeting with a blank ballot paper for each vote the person is entitled to cast.(3) For a vote to be valid, a ballot paper must be signed by the voter and completed by the voter’s writing on it:
(a) the names of the candidates (without repeating a name) for whom the voter desires to vote, the number of names written being no more than the number determined by the owners corporation as the number of members of the strata committee, and
(b) the capacity in which the voter is exercising a right to vote, whether:
(i) as owner, first mortgagee or covenant chargee of a lot (identifying the lot), or
(ii) as a company nominee, or
(iii) by proxy, and(c) if the vote is being cast by proxy—the name and capacity of the person who gave the proxy.
(4) The completed ballot paper must be returned to the chairperson.
(5) Until all places for membership of the strata committee have been filled, the chairperson is to declare elected successively each candidate who has a greater number of votes than all other candidates who have not been elected.
(6) If only one place remains to be filled but there are 2 or more eligible candidates with an equal number of votes, the candidate to fill the place is to be decided by a show of hands of those present and entitled to vote.
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You might be interested in this Facebook post from our good friend Amanda Farmer of Yourstrataproperty.com.au https://www.facebook.com/yourstrataproperty/videos/592078884546353/
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@Bn said:
Forgetting the MOU discussion. If it wasn’t obvious to the reader from the context – they can google.Yeah, because it’s easier to get every other reader to Google something than it is for the original poster to just spell things out once.
Jargon and acronyms are how people use language to create cosy groups of “experts”, making themselves feel superior, to the exclusion of the unenlightened. Just read or listen to lawyers, doctors and financiers – they might as well be talking Klingon once they get going.
Here at Flat Chat we want everyone to understand everything as immediately as possible. It’s what journalists have done for hundreds of years.
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Kaindub’s post would make sense, but … NCAT has at least twice this year ruled that blanket by-laws banning pets are harsh and unconscionable.
This one would almost certainly fall under that ruling as this owner’s dog is being judged on the behaviour of another dog and another owner.
Let them threaten you with NCAT all they like … in the current climate they are far from guaranteed to win
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@Melanie said:
Are you saying we have other options, besides the lift company?
Have a look at the OCN website – one of their sponsors offers exactly that!
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I know what a Memorandum of Understanding is – pretty much what it says on the tin. I just don’t think it’s helpful – especially when there are people new to strata reading these posts for assistance – to slip into any kind of jargon, acronyms or initials. MOU also means Microsoft Office User, for instance.
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It would help (us and you) greatly if you refrained from using acronyms and initials. What do you mean by MOU? I’m taking a guess, but then that would be taking a guess.
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In NSW it’s 25 percent of owners
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The decision to use electronic voting is a simple resolution.
The question of notice given is complicated by the mailing out of agendas and meeting notices.
Here’s an extract from the excellent Strataman website, on the issue of when agendas for strata committee meetings have to be posted.
Now, I didn’t see any specific reference to ‘time for postage’ in the SSMA 2015 or the SSMR 2016 but as I understand it, it’s based on the Interpretation Act detailed in a circular issued by Australia Post in 2016 stating 6 business days for Standard Delivery.
So this is how you calculate the period where 7 clear days notice is required:
- Date of posting
- 6 business days for delivery
- then 7 days notice
While the date of the Meeting is obviously taken into account, it’s EXCLUDED from this calculation
Thus, in the case of a general meeting (in which there are no special resolutions) requiring 14 days notice to be “given” the notices should have been posted 21 days before. It looks like your meeting on December 5 is invalid, for that reason.
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