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I agree
There is a time for talking and a time for writing things down. But when those things are written down, it’s important that there is a reliable record of what has been decided, especially if, as some ECs do, the minutes simply say “matter resolved” or “motion passed”.
There is a reason that strata law stipulates heavy fines for strata mangers who don’t pass on the records of the scheme. You can’t move forward with confidence if you’re not sure what has happened in the past.
But, as Peter says, we don’t need every umm and ahh of the arguments preceeding the decision. And if a member feels strongly enough, they can ask if their dissent be recorded in the minutes.
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dwa said:
Can the forum think of a reason where such a record would be useful?
Let’s say a less-than-competent strata secretary is found out and replaced but takes all their copies of emails and letters of complaint, and evidence of dodgy deals with them …
Or a complaint is made against an owner who says “this is the first I’ve heard of it …”
Or an owner has asked for permission to build a small deck but ends up constructing a massive terrace with built-in hot tub …
Unless there is a paper trail, every strata dispute becomes a case of “he said, she said”. And unless you have a secure record, the paper trail is only as reliable as the people holding the files.
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I agree with Peter. Unless the managing agent merely wants to make sure they have a full record of all official correspondence for the strata schemes records, they have no right to demand correspondence that may otherwise be private or ‘commercial in confidence’. Unless WA is different from everywhere else, the strata managers are not “party” to strata scheme communications unless they are owners in the scheme.
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I don’t really understand your shorthand.
By “COO” do you mean Chairman (or woman)?
What does “But everything” mean?
Pleas be a bit clearer in your question and that improves our chances of giving you a clear answer.
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I think the best thing you can do is to write to your strata manager and EC saying you are concerned about a kid using the driveway in this way, endangering their own safety as well as that of people in vehicles who may have to swerve to avoid him. He is also damaging common property and breaching the by-law on children playing on CP.
You could request that the EC/Strata Manager writes to the parent concerned (you will provide the name, privately, if required) and meanwhile issues a letter and erects signs warning residents that the driveway is not a playground.
Hopefully the dad’s default response is embarrassment rather than anger – but this is not a point for debate. The dangers are clear, as are the by-laws. If need be a Notice To Comply could be considered.
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What exactly do you mean by “excludes”?
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So assuming you have the standard by-law about children not being allowed to play on common property unsupervised, are you going to do the right thing and raise the matter?
Or are you going to do the normal thing and say “not my problem”?
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Tell your strata manager that you would like the Owners Corp to agree that your payment is excessive but that you are prepared to take responsibility for all the electrical wiring in your unit and will sign a binding document to that effect – that way the Owners Corp can’t be liable for the quality of work done by your contractor.
Failing that, you will take the OC to NCAT for orders under Section 149 (see below). Your strata manager will argue that everybody has to pay the same because that’s what the laws says (which is kind of true) but the law also allows for variations in certain circumstances. So long as the owners corp is not left with liability for work that you did on your unit (and this may require a special resolution by-law) then it should be OK.
That said, if there is any additional cost imposed in reaching this compromise, you should pay it because, when it gets down to brass tacks, regardless of the circumstances, you shouldn’t change common property without the knowledge and approval of the Owners Corp.
149 Order for variation of contributions levied or manner of payment of contributions
(1) An Adjudicator may make either or both of the following orders if the Adjudicator considers that any amount levied or proposed to be levied by way of contributions is inadequate or excessive or that the manner of payment of contributions is unreasonable:
(a) an order for payment of contributions of a different amount,
(b) an order for payment of contributions in a different manner.
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The Act is quite specific in the duties expected of secretaries (see below).
However, there are no penalties for not doing them except that they give owners grounds to either remove or not re-elect them, a decision that must be made by the committee.
So if you were unhappy with the performance of the secretary, you might put a motion to the committee that that the current position of secretary be declared vacant, and a new sercretary elected, on the grounds that they are not fulfilling their role because they are not doing X, Y and Z.
If the committee declines, you might be able to sack the committee or individual members (which requires a special resolution) or seek orders at NCAT under Section 138 (an exercise of, or a failure to exercise, a function conferred or imposed by or under this Act or the by-laws in relation to a strata scheme, or the operation, administration or management of a strata scheme.
In other words, if the secretary’s shortcomings are interfering with the proper running of the scheme – and that means not fulfilling its legal duties rather than not doing enough in your opinion – and the committee refused to do anything about it, then you could seek orders under 138.
If it’s just the way they go about things rather than what they do and don’t do, you could raise a motion at the next AGM whereby the Owners Corp instructs the secretary to do whatever it is you feel is not being done, and instructs the committee to remove or not elect them if they refuse to comply.
22 What are the functions of the secretary of an owners corporation?
The functions of a secretary of an owners corporation include the following:
(a) 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,
(b) to give on behalf of the owners corporation and of the executive committee the notices required to be given under this Act,
(c) to maintain the strata roll,
(d) to enable the inspection of documents on behalf of the owners corporation in accordance with section 108,
(e) to answer communications addressed to the owners corporation,
(f) to convene meetings of the executive committee and (apart from its first annual general meeting) of the owners corporation,
(g) to attend to matters of an administrative or secretarial nature in connection with the exercise, by the owners corporation or the executive committee, of its functions.
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Firstly, what does the by-law actually say? And I mean the specific wording not just what you think it says.
If it says pets are not allowed, then you have to persuade 75 percent of owners that the by-law is out of date and that they are losing value in their property by having a blanket ban that prevents the 30 percent of households that have pets from bidding for their unit when it comes up for sale. Real Estate agents reckon “no pets” by-laws take 5 to 10 percent off the value of units.
But be warned, residents who are used to not having to deal with pets will fight ferociously to maintain the status quo and other owners will go along with them to keep the peace. Your best bet may be to get investor owners onside and deal with the residents later when you have a serious groundswell behind you.
That will include writing letters and pointing out expert opinion about the financial and social benefits of having pets – as well as how easy it is to remove animals that turn out to be pests.
The compulsory review of by-laws does not mean they have to be changed or brought up to date – but it does open the door.
If you want to go down the assistance animal route, you will have to prove that you require this assistance and that the animal is properly trained to provide assistance.
I would go for gentle persuasion, pointing out to owners that they have to review by-laws anyway (they probably don’t know) and they may as well look at the no-pet by-law which is the one that’s most out-of-date by today’s standards. Animals and humans have been living happily together in unit blocks for decades and there’s plenty of evidence on-line to support why it is a good thing.
Whatever happens, try not to make this a personal battle between tyou and your neighbours. You have to respect people’s right to chose to live in a unit block that doesn’t have animals in it.
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It can only be solved in mediation if the other side agree. The mediator has no power to make a ruling. In 99 percent of cases, people are just going through the motions so they can go to NCAT, as mediation is a prerequisite.
This comment launched a whole side discussion on the value of mediation which you can find by clicking here.
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Based on my understanding of pre-1974 strata law, the line between lot property and common property is down the middle of the external wall so the external vents would be owners corp responsibility and the internal ones lot owner responsibility. In the first instance, ask the OC to repair or replace the external vents and hope they do the internal ones too.
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