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@4atRW said:
Thanks again for the advice.Could you please clarify about the voting. If successful, would the renovators get extra voting power?
Voting power is based on unit entitlements. The adjustment of UEs is far from automatic and in fact can be expensive and cumbersome. So your upstairs neighbours will only get the extra voting power if they are prepared to pay for it and do all the legwork required (I assume you and your other neighbour won’t).
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I have no specific experience of this but to take your second and third points, the repayments of the loan become part of the levies. People who want to pay in advance are missing the point – loans are their to spread the pain. People who fall behind on their levies will be subject to the same obligatory penalty rates and should be quietly thankful that you didn’t go down the route of a special levy.
But there is a bigger issue and that is getting as many people as possibl;e to understand what is happening.
You need to get a strata loan specialist (like our sponsors Lannocks) to come to a meeting and explain what you are doing and why. Then you need to send out a newsletter of some sort to those who didn’t attend, again to explain what you are doing and why.
Then just get on with it.
You have a legal duty to maintain and repair common property. It doesn’t matter whose fault it is or even who can or can’t afford it. You have to do it and the Owners Corp has to pay for it by whatever means the majority of owners feel is best.
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I understand and appreciate what you are saying but neither of the clauses you cite specifically say that a decision at an executive committee meeting can only be on an agenda item. I wasn’t being sarcastic when I said I wasn’t sure that you were correct – I am genuinely unsure and when Scottie or Whale come up for air, they may be able to clarify.
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@Stevecro said:
… the EC cannot make a decision on an item unless it is listed on the Agenda of an EC meeting. The EC can discuss whatever they wish, but discussions are not decisions, and you cannot turn a discussion into a decision unless it is clearly listed as a motion on the Agenda of that meeting, a lot people tend to confuse the two.Are you sure about that? I know you can’t decide on anything at a general meeting that isn’t on the sgenda but I thought the rules for EC meetings were a lot less rigid and allowed for “Any Other Competent Business …”. Maybe not.
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The reason there are multiple versions of this by-law is that the “model” by-laws provided by Fair Trading are there as a guide for new strata schemes, to be adopted automatically only if the new strata scheme fails to agree on its own rules.
Theoretically, every strata scheme should have its own by-laws that are largely the same but differ when it comes to the specific needs of that scheme.
Many new schemes adopt the model by-laws to begin with, then add their own as time goes on. Also, periodically, Fair Trading updates the regulations and changes the model by-laws. Frankly, i am surpoprised you have only found two variations.
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The renovators would either have to get a unanimous agreement to have the unit entitlements redistributed, or go through a lengthy and potentially expensive process at NCAT. On the bright side, their levies would go up and yours would go down.
Regarding recourse after a refusal to pass the by-law, the renovators might seek orders at the Tribunal (NCAT) under section 140 which says; “An Adjudicator may order an owners corporation to consent to work proposed to be carried out by an owner if the Adjudicator considers that the owners corporation has unreasonably refused its consent and the work relates to any of the following … alterations to common property directly affecting the owner’s lot.”
Now, I am not a lawyer (and I strongly advise you to contact a strata specialist if you are concerned about this) but I think the renovators would have to have a very convincing case, absolutely watertight and erring on the side of generosity towards the other owners, for the Tribunal to overturn a valid decision taken at a properly constituted general meeting. It would help if you got the other downstairs neighbour onside too.
140 Order relating to alterations and repairs to common property and other property
(1) An Adjudicator may order an owners corporation to consent to work proposed to be carried out by an owner if the Adjudicator considers that the owners corporation has unreasonably refused its consent and the work relates to any of the following:
(a) alterations to common property directly affecting the owner’s lot,
(b) carrying out repairs to common property or any other property of the owners corporation directly affecting the owner’s lot.
(2) An Adjudicator may make an order approving of alterations or repairs already made by an owner to common property or any other property of an owners corporation directly affecting the owner’s lot if the Adjudicator considers that the owners corporation unreasonably refused its consent to the alteration or repairs.
(3) An order under subsection (2) is taken to be the consent of the owners corporation to the alterations or repairs concerned and may be expressed as having effect from a day specified in the order that occurred before the order was made.
(4) An Adjudicator may specify in an order under this section whether the owners corporation or the owner of the lot concerned has the ongoing responsibility for the repair and maintenance of any additional property arising out of an alteration or repair to common property approved under the order.
(5) If an order makes provision for the owner of a lot to have the ongoing responsibility for the repair and maintenance of any such additional property, the order also has effect in relation to any subsequent owner of the lot.
(6) In deciding whether to grant an order under subsection (2) or to provide for the order to have effect from a day that occurred before the date of the order, an Adjudicator may take into account the conduct of the parties in the proceedings, for example, if an owner did not first seek the consent of the owners corporation before carrying out the alterations or repairs.
(7) An application for an order under this section may be made only by a lessor of a leasehold strata scheme or an owner.
144 Order granting certain licences
(1) An Adjudicator may order that the applicant for the order, and any occupier of the lot of which the applicant is the owner, may use specified common property in the manner, for the purposes, and on the terms and conditions (if any), that are specified in the order.
(2) An Adjudicator must not make an order under this section unless satisfied:
(a) that the lot of which the applicant is owner would otherwise be incapable of reasonable use and enjoyment by the current owner or occupier of the lot or generally by an owner or occupier of the lot, and
(b) that the owners corporation has refused to grant a licence to use common property in a manner, for purposes, and on terms and conditions as would enable the current owner or occupier, or generally any owner or occupier, reasonably to use and enjoy that lot, and
(c) in the case of a leasehold strata scheme, that the lessor of the scheme has, before the making of the order, been given an opportunity to make representations to the Adjudicator with respect to the application for the order.
(3) An order under this section, when recorded under section 209, has effect as if its terms were a by-law (but subject to any relevant order made by a superior court).
(4) An application for an order under this section may be made only by an owner.
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The design of building hallways is partly determined by the number of dwellings on the floor whose occupants may need access to the fire stairs at the same time.
Obviously, if people are having to clamber over couches or move chairs to get to the fire exits, this is a fire risk.
But if the space around the furniture is the same as or greater than the access to your fire exit, then you should be OK.
If in doubt check with your fire safety inspectors or insurers.
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Boronia is right – people can even film the inside of your home from outside your property, provided it is not for salacious or illegal purposes.
If this is a permanent or semi-permanent installation properly authorised by the EC (therefore a ‘corporate’ installation) under Health & Safety laws there has to be signage warning workers.
If it’s on Common Property, permission should be given by the EC.
But an individual taking action on his or her own to solve a problem may be a good thing, provided you can get assurances that the camera is not pointed at your budgie smugglers.
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Yes they will need a special resolution by-law (75 percent vote in favour).
Plus, on the basis of a ruling in the High Court, they will need to pay the owners corp the value of the roof renovationcalculated thus x-(y+z) where
x = an accepted estimate of the value of the renovated unit
y = an accepted estimate of the value of the unrenovated unit
z = the cost of the renovation (including legals and by-laws)It’s a good way of giving them what they want and allowing the sinking fund to get a boost too.
Naturally, the by-law will transfer all responsibility for maintenance of the roof space to the renovators.
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If the unit is owned by a company (as many are and your former secretary’s were) they can send a company nominee.
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There’s nothing I know of that says non-owners can’t attend meetings … the clause I cited above merely says that all owners can attend but can’t address the meeting unless they are given permission by the EC.
It’s really up to the committee to decide their own paramaters and individuals to challenge them if they feel so aggrieved.
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This is what the Act says.
14 Owners’ attendance at executive committee meetings
An owner or, where that person is a corporation, any company nominee of the corporation is entitled to attend a meeting of the executive committee but may not address the meeting unless authorised by resolution of the executive committee.
On the question of whether or not you are allowed to speak, any owner or representative at an executive committee meeting can “address the meeting” with the permission of the EC. How do you get permission?
You stand up and say “Point of order: May I speak on this matter …” They then should take a vote and undoubtedly refuse to let you speak, at which point you ask for it to be minuted that your request was refused.
However, I would argue that they can’t make a blanket, pre-emptive ruling that you or anyone else may not speak as that countermands the provisions of the Act which allows you to “address” the meeting under specific circumstances.
Speaking at the meeting is different from addressing it. If someone was telling lies about me in a meeting, they’d have to carry me from the room to stop me putting them right with a couple of choice phrases.
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Assuming you are in NSW, all you have to do is nominate your husband, provided you are not standing for election yourself.
Otherwise, any other owner who is not standing for election can nominate him. In other words, anyone who is a non-owner can be elected provided they are nominated by an owner who is not standing for election.
This is what the Act says:
(4) A person is not eligible for election as a member of an executive committee unless the person is … (c) an individual who is not an owner but who is nominated for election by an owner who is not a candidate for election.
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Section 11
(4) Period for which proxy effective
An instrument appointing a proxy has effect for the period commencing with the day on which it takes effect and ending with the later of the first anniversary of that day and the conclusion of the second annual general meeting held after that day, unless it is sooner revoked or a shorter period is provided by the instrument.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.