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@Digby said:
If a lawyer has been appointed by the strata managing agent without the written approval of the strata scheme they will have to pay for the expense.
Not true, if there is a clause in their contract that allows them to do so …
You can’t make blanket statements like that unless it’s a matter of law, and this isn’t.
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The secretary calls a meeting with a single motion that the strata manager has no longer to take the officers positions in the committee until requested to do so by a mojority of owner at a properly constituted meeting of the committee.
And if they still won’t play ball, you go to NCAT and ask that their contract be cancelled.
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@unit1 said:
The problem with the forum is that you can’t receive email that someone has replied to the topic so it just sits there unread by the poster or contributor.The problem is that you haven’t bothered to read the instructions on “watching” and “subscribing” posted here.
The respectful way of dealing with this issue is to move it if you as the administrator feels its in the wrong place. Deleting it disrespects the poster who may genuinely have a query.
Yeah, because I have nothing better to do with my time than clear up after people who can’t be bothered to read the instructions, especially when things aren’t working the way they want them to.
And one of the instructions you failed to read was to not repost the same question in a different area.
By instructions, I mean Topics like How to use this Forum and posts like Things that will get you banned from this Forum
I was going to add some valuable information to this site in other sections for others in a similar situation as I find myself in from time to time, but what is the value if you treat posters like this?
True, I treat everyone with utter contempt which is why there are only 20,000 posts in more than 4,000 topics. That said, I have just read in the instructions that abusing posters is one of the things that will get you banned.
So, before I have to recuse myself, can I just say to everyone struggling with posts, JRTFI (which, as we all know, means “Just Read The Forum Instructions”)
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Unit 1 has posted the same question in a different topic. I have deleted the second question as this is just a waste of time and resources. If you have additional information, post it in your original topic (this one). Please don’t disrespect the people who offer their time and expertise free of charge by asking the same question in another thread. What’s the point of that?
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The simplest way forward is to send a letter asking for a rent reduction because of the garage door, back-dated to when you first complained. It probably helps if you put a specific figure in – maybe the cost of renting a lock-up near you.
When the rental agent fails to respond (as they probably will) or rejects the claim, start an action at Fair Trading which could possibly lead to you being allowed to quit early, if that’s what you want.
Also, have a look at the Tenants Union website. It has incredibly helpful fact sheets, written by lawyers, that tell you exactly what your rights are and how to proceed. I often send both landlords and tenants there as they spell out the law in a way everyone can undertand.
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@BONNIE L said:
In my experience, definitely against the rules (don’t have actual reference, and am sure there will be one somewhere) to record or photograph anyone without their permission. Invasion of privacy suggests one reason.There is no general right to privacy under Australian law however, there are specific areas such as usage or the activity being recorded (something that you might reasonably expect to be private – like taking a bath or doing the Macarena in the nude in your bedroom).
The law on recording conversations goes back to the early days of the first mechanical recordings of sound. It has not been properly updated to include video or indeed, the Internet.
Also, I believe that if you tell someone you are recording a conversation, you have their tacit approval if they keep talking without saying they don’t want to be recorded. The implications for a general meeting are potentially troublesome.
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@Ziggy said:
Where did I read that new bylaws had to be reviewed but not necessarily enacted on? Is this true?If you mean they have to be reviewed but not necessarily updated, then you are right. The reality is that any strata committee can say “We’ve had a look and they are OK.”
The intention, as stated in this Fair Trading fact sheet is for schemes to compare them with the model by-laws and see if they would benefit from being updated. But there is no compulsion to do that – and no penalty if you do nothing.
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@Puddn said:
Thanks LP. We have considered a by-law for washing machines, but then we might need one for vacuuming, treadmills and the like.I’m not sure you need a by-law at all. Read this fact sheet. It says, basicall, noisy domestic appliances should be run between 8pm and and 7am (8am on Sundays). It doesn’t mention washing machines specifically but it doesn’t exclude them either.
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I would think cases like this the Owners Corp would approach a strata lawyer or strata manager and ask them to prepare a by-law for which the OC would pay. The renovators would then be invited to use that by-law at, say, 25 percent of its cost, or present a suitable by-law that they had paid to have drafted themselves.
At the end of the day, everybody has a properly constituted by-law – passed by separate special resolutions – that has cost them a fraction of the total and cost the OC nothing (if the committee has done their sums right).
This would have to be better that the scenario presented the last time I was on radio (see my podcasts on the front page of this website) where a management company was gouging money for writing, reviewing and passing by-laws for every little thing in their building.
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I’m confused. You seem to be asking how many owners need to support a motion before it can be included on an agenda.
Or is it how big a majority you need to pass a motion?
If the question is simply how do you get a motion on the agenda, the answer is that you simply make sure it is submitted on time and follow up with a reminder to the secretary and strata manager before the agenda is due to be issued.
If it’s not on the agenda, tell them they need to reschedule the meeting and put it on the agenda or you will take it to NCAT.
FYI: The law says any motion can be added to the agenda provided it is submitted to the secretary before the agenda is issued. Most strata managers will require a couple of days grace to compile the agenda, especially for a large scheme.
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Again you are using selective interpretations of the law and language (so much so that my software flagged this post as spam).
If you aren’t happy with the OC’s interpretation of your situation, take them to NCAT for a ruling. Then you can get on with enjoying your lot, regardless of the colour scheme.
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