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Can an owner get the work done and then send the bill to the OC or strata manager to approve payment?
Only in an extreme emergency. The correct procedure is mediation at Fair Trading following by seeking orders at NCAT.
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SCA has a copyright on their original contract and its only members of SCA who can access and use the standard contract.
Ridiculous but true … especially when SCA members use this as a reason for not allowing any changes. However, you can turn that back on the SM and say “okay, if we can’t make any changes this is an edict, not a contract, so we need to start from scratch.”
There are other organisations providing contracts for strata managers (I know for example that one of the major strata lawyers in Sydney provides such contract forms to strata managers who subscribe to their services).
The OCN (ocn.org.au) will also offer help with a strata management contract.
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I’d like to be able to try to resolve what we have with the current manager.
And that’s the key to all this. How badly do you want to stick with the current company? To the extent that you’d put up with an unfair contract? Personally, I would be looking around at the same time as gicing them the option to shange the terms of the contract back in your favour.
A contract is an agreement between two parties – its terms have to suit both of them and can’t be sacrosanct just because “this is our standard contract”. Cave in on this and you are inviting the SM to believe they will always get what they want, regardless of your opinion.
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Have also edited the original post to say I am in Victoria
Thanks. The fundamental advice remains the same – tell the chairman to either take official action at the tribunal (so you can defend yourself before an independent arbiter) or back off.
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Can you please elaborate on what you mean by leaning towards the Chair on this particular issue?
It was a joke – my way of expressing my irritation.
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I am in VIC… He is omitting some pretty major pieces of information.
He’s not the only one. Digging out that advice from NSW was a waste of time.
Please, folks, tell us up front which state you are in – strata laws are so different in each state that even referring to the wrong Acts can be dangerously misleading as well as a waste of time and energy.
I don’t think we could state it any more clearly that you need to tell us where you live.
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We understand that generally, a lot owner is responsible for carpet replacement and we are in the process of replacing carpet at our expense.
I think there is a long line of liability before you get to paying for anything yourself, including your carpet. If you don’t have home and contents insurance, the upstairs neighbour’s insurance and perhaps even the strata insurance might be liable. I would be passing the bill to the upstairs neighbour and calling my own insurer before I did anything else.
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This will not be fun.
Made me smile – but sympathetically, of course.
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The original response has been deleted as OP hadn’t told us they are in Victoria. I am now leaning towards the chairman’s POV on this issue.
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At the risk of being alarmist, it is quite common for sneak thieves to access a building, prop doors open and then come back later to rob.
But if the problem is internal, our sponsor Bannermans have a DIY By-laws facility for $299 and actually names security as one of their areas for DIY by-law assistance.
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Firstly, you cant use BC funds to repair lot owner property.
I’m looking at Section 119 of the Tas Act and it says this: ”
An owners corporation for a strata scheme may carry out work that is necessary to rectify any of the following defects–
(a) any structural defect in any part of a building comprised in a lot in the scheme that affects or is likely to affect the support or shelter provided by that lot for another lot in the building or the common property,
(2) An owners corporation may carry out the work at its own expense if the cost of the work cannot be recovered from some other person.
In most cases, the balcony will be providing shelter for the one below, so that might tick the box in 1(a). Then I guess the OC could agree not to pursue the debt too vociferously, activating clause 2.
If there is such a person as a strata lawyer in Tasmania, please make yourself known.
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So it appears that the exclusive occupier can be sued if he/she fails to maintain their portion of the common property
True, but the twist in this tale is that the balconies are lot property.
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I’m looking back at Scotlandx’s post (79414) – usually very reliable source of information, so I’m sitting on the fence on this one. The real issue may be that if the chair or secretary says you’re too late, right or wrong, your vote won’t be counted. What do you do then? Unless those votes would have been pivotal in the result, no Tribunal in any state is going to rescind the result. It is very tricky toothpaste to get back in the tube. If they are likely to make a difference, do whatever you can to make sure they will be counted – including putting them in well in advance.
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I have just noticed that this question has been posted in the “living in Victoria” section. With that in mind, this is what the Owners Corporations Act, Section 89C, says about Proxies:
(3) An authorisation under subsection (1) must—
(a) be in the prescribed form; and
(b) authorise an individual; and
(c) be delivered to the secretary of the owners corporation.
(4) An authorisation may set out how a proxy is to vote on particular matters and is effective from the beginning of the first meeting of the owners corporation held after the date that the authorisation is delivered to the secretary of the owners corporation.
Does anyone want to take a punt on what the phrase “first meeting… held after the date that the authorisation is delivered” means?
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