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@PeterC said:
Perhaps there is some previous Tribunal decision that would inform a current one? Eg. They might have decided that a structural matter is, after all, an OC responsibility, even pre-1974. Are decisions of the NCAT searchable?Some NCAT, CTTT and Strata Schemes Board decisions are posted (selectively) and are searchable.
Here are the links
Strata Schemes Board: https://www.austlii.edu.au/au/cases/nsw/NSWSSB/
CTTT: https://www.austlii.edu.au/au/cases/nsw/NSWCTTT/
NCAT: https://www.austlii.edu.au/au/cases/nsw/NSWCATCD/
NCAT APPEALS: https://www.austlii.edu.au/au/cases/nsw/NSWCATAP/
It can be a bit of a trudge through, and I would recommend going by the year and then searching a keyword (like “lintel”) but be warned, it can be quite addictive finding out how awful we can be to each other in strata.
Also, you might want to do a Boolean search for ‘Strata and lintel’ otherwise you will be wading through pages of complaints about builders which are many and deeply depressing.
Finally, NCAT (or CTTT) decisions do not create a legal precedent (which is just as well when you read some of them).
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I am about to contradict myself. This is what the SCA’s “Who’s Responsible ..” document (prepared by the Dept of Lands) says:
If the strata plan was registered before 1 July 1974 the balcony wall including the windows and door and their working parts are generally part of the lot and the lot owner’s responsibility for maintenance and repairs (unless there is a notation on the strata plan or the balconies are not shown on the strata plan).
If the plan was registered after 1 July 1974 the balcony wall including the windows and doors and their working parts are generally common property and the owners corporation’s responsibility (unless the strata plan says otherwise). With the exception to flyscreens and/or security doors where they were installed by an owner after registration of the strata plan.
Looks like your strata manager is right. This is not the law, per se, but it would certainly be used as a guide at a tribunal. Maybe you won’t have your neighbour dropping in after all.
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Tell them if they don’t want to own the lintels, you will remove them … and you look forward to your upstairs neighbour dropping in for a chat.
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The money has to come out of your account so look for the amount on the date you think you paid it.
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So you are an owner and you need to know if your payment went through, right?
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Seriously? You’re a strata manager?
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The best thing you can do is go to http://www.tenats.org.au and look at the resources there. Fair Trading (Tel. 13 32 20) will also provide interpeters if required.
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I would be sending a letter to the EC:
1. Asking them by what authority they were demanding removal of the washing machine
2. Did they have development approval for change of use (if that’s what they are planning)?
3. Are the aware that they have to get orders from NCAT before they can touch private property left on common property?
Also, as you Mum is a pensioner, it only costs about $10 to raise an issue at Fair Trading or NCAT. If you don’t get a satisfactory answer, she could seek an interim order forbidding the EC from doing anything.
Perhaps if you explain all this to the EC in writing, they might back off.
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I agree.
It depends very much on the individuals. Some committees will say “tell us what to do” others will say “don’t tell us what we can and can’t do – tell us how we can do what we want to do and get away with it”.
Some strata managers will understand what a strata scheme wants and needs, and advise them accordingly. Others will say “not my job – tell me what you want to do and I’ll tell you if you’re allowed to do it.”
Some won’t even do that.
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@Felix said:
Can the make-up of the EC be changed at an EGM and what has to be done to accomplish this.?
Removing an EC member mid-term requires a Special Resolution. In other words, 75 percent of those voting in person or by proxy. The same would apply to a number or all of the committee members.
In some Owners opinion, the EC at present is too large for the size of this Strata and many members never contribute anything.
I don’t think you can change the size of the EC mid-term, just its membership
The Chairman is about to resign because of outside interests and he might continue as an EC member although not as the chair.
The chair is elected by the members of the committee, not the owners as a whole.
Other major EC positions should be considered also as the other two do not live in the building and one of them rarely attends any meetings.
Unless you can get that 75 percent vote, this is something to be addressed at your next AGM when all committee positions are vacated and you basically start again.
Does this ever end Jimmy? I’m sure it doesn’t! And you would be out of a job!!
I’ve been doing this for 12 years now – the new laws mean it’s unlikely to dry up any time soon.
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@PeterC said:
However, not everything would be ‘up for grabs’; only the matters that were notified in the meeting notice, which would be only the matter that was the subject of the petition, and perhaps other matters if the EC chose to take the opportunity to deal with some other matters. A motion to elect a new EC would only be on the agenda if that was included in the petition matters.Just a couple of points on “up for grabs”. You are 100 percent correct about only items that are on the agenda being permitted for discussion.
But what you say you could do and what you actually do when you are dealing with a recalcitrant committee need not be the same thing.
So telling them “everything will be up for grabs” is basically just warning them that if they force you to get the signatures for an EGM, they are opening a can of worms because you can then take this any way you like.
In NSW, like the ACT, 25 percent of owners can demand an EGM but I don’t think they have to declare the matter for discussion until the agenda is released.
In fact, before you even call the EGM you can request that certain items be discussed at the next general meeting and they have to be included as a motion.
So you could put up a motion to discuss the paint and another motion to declare all the seats on the EC vacant and have a new election. Then you can go to the chairman and ask him if he wants to discuss this or trigger an EGM at which these motions must, by law, be on the agenda.
However that is an extreme scenario, and highly confrontational. But it sounds like we are dealing with an EC chair who plays fast and loose with the rules anyway.
Forcing them to check strata law might be a major step forward in itself.
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I would ask the EC if you (or someone else can address the meeting) to explain your concerns. I would also ask if your comments could be minuted and that evryone be given the opportunity to comment on the proposed colours.
If they refuse, tell them you will be gathering signatures for an EGM – which a lot of people want, anyway – where everything will be up for grabs, including, possibly, the make-up of the executive committee.
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@Felix said:
The question from some Owners is whether or not the by-laws can be enforced now from a new EC and enforced since a period of time has elapsed and if they can, how far back in time can the EC go?By-laws are permanent (until they are changed) but ECs come and go. Any breach of a by-law can be challenged at any time and OCs can insist that common property be returned to its previous state or a special resolution by-law be agreed to cover the changes and the maintenance of the ares affected.
That said, getting some of the numpties at NCAT to understand that strata law and by-laws actually count for something can be an uphill struggle.
The same question involves the decisions made without an EGM being held and the payment of the OC funds without approval from the Owners.
Decisions that should have been made at a general meeting but weren’t can be challenged by a request for orders at NCAT.
One would have thought the EC would have been guided by the Managing Agent.
You’d think so but some strata managers take the view that they are supposed to be instructed by the owners and not the other way round – which is true but often unhelpful.
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The by-law is intended to establish responsibility for new installations with regard to changes to common property. While you could include wording that aims to cover responsibility for the pipe work in your neighbours garage, I can see why their lawyer would want an easement, just to make everything legally watertight (no pun intended).
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Is it through the lot or through the ground under the lot?
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