Forum Replies Created
-
Replies
-
@Austman said:
Actually strata building insurance generally covers “Lot Owners’ fixtures and improvements”, eg CHU’s Residential Strata, policy 10. That includes kitchen fixtures, bathrooms fixtures etc.It was a very general, non-specific comment. In fact CHU’s own factsheet says strata insurance doesn’t cover anything “over the threshhold” (although their policy does cover fixtures and fittings). Sometimes it’s easier to speak in generalities so as to describe the concept rather than the detail and let the nit-picking begin when you are presented with actual policies.
Tenants should have contents insurance to cover their own possessions and legal liabilities (I don’t think they could get home insurance on a building they don’t own).
‘Home and contents’ is the name of the type of insurance policy – I was not implying that tenants could insure their home. Obviously.
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.
What you need is Landlords Insurance which covers you for any liability of yours related to fixtures and fittings in your property.
Policies vary from company to company but our sponsors, CHU, offer one that they describe thus:
CHU Landlords insurance is insurance for strata property owners who are renting out a unit/apartment to tenants. It is important as it provides cover for accidental loss or damage to contents in your unit from events such as fire, flood or storms. It covers items such as carpets, light fittings, curtains, blinds and washing machines as well as loss of rent if the unit is unfit to be occupied. Additionally, it covers you and your investment property for malicious damage to contents/buildings caused by tenants and/or their guests. It also covers you if your tenant fails to pay rent.
You’ll find more details on CHU’s Landlord insurance policy here.
Strata insurance will generally NOT cover you for anything inside your property. Tenants should have their own home and contents insurance too.
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.
@Larry said:
… re refusal to include submitted Motions on Agenda, is there specific reference in the Act or its Regulations that specifically states a Secretary has no (legal?) authority to exclude the Motions?There is nothing that I can find to that effect. The secretary is expected to adhere to the basic principles of Section 37 of the Act, namely: “It is the duty of each member of a strata committee of an owners corporation to carry out his or her functions for the benefit, so far as practicable, of the owners corporation and with due care and diligence.”
Re minute taking at Committee meetings where Strata Manager is not in attendance, can Committee members vote at start of meeting, or can Chairperson decide, who is to take Minutes?
If there is any anticipated dispute over the minutes the chairman can nominate someone – anyone – to take minutes and then ensure they are incorporated in the final minutes. To make them the official minutes, they should propose a motion at the beginning of the meeting that the minutes will be taken by a nominated minute-taker.
Or is the taking of minutes an automatic function of the Secretary only? And again, any specific legal reference in Act or regulations for the above?
No and no. Section 43 (a) says this: “The functions of a secretary of an owners corporation include the following … to prepare and distribute minutes of meetings of the owners corporation and submit a motion for confirmation of the minutes of any meeting of the owners corporation at the next such meeting.”
Not the use of the word “prepare” rather than “record”. It is significant The secretary’s job is to prepare minutes that reflect the decisions and discussion of the meeting. These note could come from a variety of sources. If their minutes don’t reflect the previous meeting, you don’t accept them at the next one.
Can I just say, once again, that you appear to be nibbling round the edges of this problem, which could be quite serious.
If the secretary isn’t doing what the majority of the committee wants, then just vote to declare the position open and appoint someone else. You can’t sack him or her from the committee that easily, but you can remove them from office. Personally, I would be inviting them to resign rather than face the humiliation of being sacked.
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.
You can write as many or as few names as you like, provided they have been nominated and you don’t exceed the number of vacant seats on the committee.
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.
@Stradey said:
We are not privy to the committee consultations and are waiting to see if they will take further action.We are hoping that the committee will continue their efforts but the matter has been going on for four months. We are not sure if we should take it up ourselves through mediation/adjudication and what chance of success we have.
Firstly, you are entitled to see any communication between the committee and the owners, and the minutes of any meetings related to this issue.
Secondly, four months is way too long to wait for a result. In your shoes I would commence action against the committee AND the upstairs owner at Fair Trading, with a view to seeking mediation with the intention of seeking orders at NCAT.
In the case of the committee, the mediation would be to require them to fulfil their duties under section 232 (1)(e) (below).
Or you could simply seek a direct ruling from NCAT under section 232 (1)(a) to resolve the dispute.
once you’ve had your mediation, you would have to choose who you were going to take to the Tribunal – you can’t do both at the same time – but I would hope that the strata committee would get moving on this once they saw you were going to take them to Fair Trading and they might end up having to issue Notices to Comply and breaches anyway.
As far as your chances of success go, the vehemence of lot owners’ responses tends to be an indication that they are on shaky ground. If they have ignored clearly stated by-laws means you a have a very good chance of success – but there are no guarantees.
Even without by-laws, you are entitled to the peaceful enjoyment of your lot so start taking a noise diary and get sworn statements from friends and neighbours that the noise is disruptive and intrusive.
232 Orders to settle disputes or rectify complaints(1) Orders relating to complaints and disputes
The Tribunal may, on application by an interested person, original owner or building manager, make an order to settle a complaint or dispute about any of the following:
(a) the operation, administration or management of a strata scheme under this Act,
(e) an exercise of, or failure to exercise, a function conferred or imposed by or under this Act or the by-laws of a strata scheme,
(2) Failure to exercise a function
For the purposes of this section, an owners corporation, strata committee or building management committee is taken not to have exercised a function if:
(a) it decides not to exercise the function, or
(b) application is made to it to exercise the function and it fails for 2 months after the making of the application to exercise the function in accordance with the application or to inform the applicant that it has decided not to exercise the function in accordance with the application.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.
Also have a look at this thread
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.
True. But the first person to want to renovate their bathroom is unlikely to be the last (far from it). And I’d say, as a rule of thumb, if your building is older than 10 years, you should be thinking about this kind of by-law, if you don’t already have one.
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.
@SirLunchalot said:
Thanks. I had read that section the legalese is sometimes confusing.Indeed. It refers to the ‘election of officers’ but since there is no prescribed methodology for electing office-bearers but there is a very detailed description of how members of the committee must be nominated and elected – by writing the names on a blank piece of paper – it is reasonable to assume that this refers to the election of committee members.
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.
@Mr Strata said:
… it has been made apparent by many of the leading strata lawyers that a generic by-law is not suitable for this type of renovation and there should be specific by-laws for each lot, noting that you can not approve the renovation without a Special Resolution anyway.Yes, and yet “leading strata lawyers ” have written, re-written and amended generic by-laws for their client owners corps.
I think we have to differentiate between a by-law that tries to cover every possible eventuality and scenario (danger, danger!) and one that is a template for identical circumstances in largely identical apartments.
If all I need is a by-law thaqt protects the Owners Corp in case my tiler doesn’t waterproof the bathroom floor and walls properly, why do owners need to have the same provisions re-written at considerable cost every time this comes up?
If all you are changing is the lot number on the by-law, I don’t see how this requires the work of a strata lawyer and a strata manager (who may have never set foot in the building) to check if this is appropriate.
Good flexible by-laws that place responsibility where it belongs are essential. And in circumstances where the lot owner is going way past the parameters outlined in the by-law, you would start drafting a new one.
But paying lawyers hundreds of dollars to Tippex out one lot number, write in another and then photocopy it, is as close to a rort as I can imagine.
Having said that, I’m sure some “leading strata lawyers” would vehemently disagree. But would they refuse the gig on principle if you asked them to write a template by-law?
I rest my case …
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.
According to Section 180(1)(g) of the Act (below) it’s seven years with a fine of up to $550 for not doing so.
180 Certain records to be retained for prescribed period(1) An owners corporation must cause the following to be retained for 7 years:
(a) any records, notices and orders required to be kept under this Division or Part 10 of the Strata Schemes Development Act 2015,
(b) minutes of meetings required to be kept under Schedule 1 or Schedule 2,
(c) its financial statements and accounting records,
(d) copies of correspondence received and sent by the owners corporation,
(e) notices of meetings of the owners corporation and its strata committee,
(f) proxies delivered to the owners corporation,
(g) voting papers relating to motions for resolutions by the owners corporation and to the election of officers or the establishment of a strata renewal committee (under Part 10 of the Strata Schemes Development Act 2015),
(h) a copy of any signed strata managing agent agreement or building manager agreement entered into by the owners corporation,
(i) records given to the owners corporation by the strata managing agent relating to the exercise of functions by the agent,
(j) any other documents prescribed by the regulations for the purposes of this section.
Maximum penalty: 5 penalty units.(2) The regulations may prescribe a different period for which any or all of the things referred to in subsection (1) are required to be retained.
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.
I agree with Lady P’s comments. But I think this only becomes significant if the paint needs renewal or there would be an obvious difference in colour between the main building and the extension.
The real “trade-off” would be doing the sensible thing rather that than following the strict letter of the law, in order to keep the look of the building the same while avoiding unnecessary legal costs and community strife.
IMHO, the sensible thing would be to allow the extension owner to take advantage of the reduced cost of the paint job (as part of a larger project) and make a contribution accordingly.
The hard line would be to order them to make the extension look the same as the rest of the building at their expense.
If the extension would mean significantly more paint was required, I’d be strongly suggesting the put a few dollars in the pot. If not, just ask for a letter confirming that repair and maintenance of the exterior of the extension is their responsibility, then get on with it.
By the way, can we assume that the lot owners unit entitlements were increased as a result of the extension? Just asking.
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.
The most worrying thing in this is this line: “OC is not willing to bear any liabilities and costs involved. What should OC do to avoid them?”
There are no Strata Kops. Fair Trading is not going to come around and solve this for you.
Actually, Fair Trading isn’t going to do very much at all.
The OC has responsibilities and if they cost money, tough. One of those responsibilities is to look after the fabric of the building. If that means you have to hire a lawyer or consultant or surveyor or whatever to prevent selfish owners from doing whatever they want to the building, then that is what you have to do.
That said, follow Lady P’s advice above and start by ringing the council. Doing nothing is not an option … you will end up paying for it in the long run.
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.
The first motion I would be putting on the next agenda would be to vacate the secretary’s role and elect a new one, even if it meant the chair doubling up.
Despite what the Fair Trading call centre operators are telling people, the committee can change the office-bearers by a simple majority (although you can’t remove them from the committee).
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.
What a slack strata manager you have.
Of course it’s a strata concern. The council is unlikely to approve the change without strata approval – so how can it not be a strata concern? Obviously there is going to be increased use of common propery with the maximum number of people allowed in a unit based on the number of bedrooms.
Make your objections known to the council … and start looking for a strata manager who doesn’t object to doing a bit of work for their money.
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.