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This is a very good example of how a statutorily appointed manager can be a double edged sword. While owners corps can, to some extent, pay fast and loose with their responsibilities, Strata Managers have a legal responsibility to do the right thing and therefore tend to err on the side of over-servicing rather than under-servicing. And remember, things haven’t been done properly or they wouldn’t be there so they know that there is a level of scrutiny.
Your best if not only hope is for you and your neighbours to present a united front at the CTTT. If you can’t do that, the CTTT would be very unlikely to remove the order since the fundamental problem clearly still exists.
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@justsaying said:
This may be a little left field but generally how do strata owners determine what needs to be undertaken to comply with legislation for OHS? Should stairs have rails, for example? I would be interested in your comments thank youI can only direct you to THIS previous posting and caution you that it is neither as complicated nor as simple as it may seem
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Drumroll …..
Here is the definitive answer:
ACTPLA has forwarded your query to the Office of Regulatory Services (ORS) for response as we are responsible for the regulation of the Unit Titles (Management) Act 2011 in the ACT.
Without having specific details regarding your query, the view of the ORS is that in general circumstances, if the door lies along the boundary line of an external wall of a Class A unit, the owners corporation and owner would split the cost of repairs 50/50.
As the views of the ORS are not legally binding, we recommend that any person with an issue in relation to this matter seeks independent legal advice to further clarification. If a dispute arises, a party may make application to the ACT Civil and Administrative Tribunal (ACAT) for a definitive ruling.
If you have any further queries regarding the provisions of the above-mentioned Act, you can contact the ORS on 02 6207 0400 or at fair.trading@act.gov.au.
So there we have it. Now let’s put a lid on this one.
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Whale, yes indeed, you had the noticeboard issue covered in your post.
I’m coining new word … ‘argree’. It’s when you think you’re arguing with someone when in fact you’re agreeing with them.
And regarding LV’s motion to the next general meeting, posting minutes has a cost component that emailing doesn’t, especially when you add in the printing, folding and licking of envelopes. I would simply amend it to instructing the strata manager to send out minutes by email if requested by owners.
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@Whale said:
Schemes having <100 Lots are only required to place a copy of those Minutes on the Notice Board where one exists or otherwise to send a copy to each Owner.I’m going to split hairs here and say the above scheme only has to post the minutes if there is a by-law in place requiring the provision of a noticeboard. here’s what the Act says:
16 Display of minutes
(4) Within 7 days after the executive committee of a strata scheme that is not a large strata scheme passes a resolution in accordance with this Schedule, the executive committee must:
(a) cause a copy of the minute of the resolution to be displayed on the notice board, or
(b) if the owners corporation is not required by the by-laws to maintain a notice board, give each owner and executive committee member a copy of the minute of the resolution.
Otherwise, Whale is absolutely correct (as ever) especially in regard to the strata manager being a nincompoop.
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@Austman said:
As for where a boundary … ” in VIC at least it’s the exposed surfaces that are the determining points, not any centre line. So the boundary can vary even within a door or window structure!Does anyone know if this is the same in the ACT?
Can’t help you on ACT but I know in NSW in 1973 the boundary of common property was shifted from the centre line of the external wall to the edge of the internal space (or the paint on the internal side of the wall, if you like).
I have sent a question to the ACT authorities in search of a definitive answer to this.
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If what you say is true (and I have no reason to believe it isn’t) your new strata manager has pretty much proved that she is the last person you would want to run your scheme.
Anyone can be elected to the EC provided they are nominated by an owner who is not standing for election. A co-owner can’t nominate him or herself but they can be nominated by their co-owner (I’m guessing this is the situation with your secretary).
The appointment of the new strata manager by the current secretary’s OK was not legal. This required the approval of a general meeting.
The easiest way to resolve this is to hold a quick EC meeting to remove the secretary and replace them with someone on the EC whom you can trust (you?).
Once you have a new secretary in place, cancel the meeting and issue a new agenda with the items you require on it. The fact that your “new” strata manager has even considered putting anything requiring a decision under ‘general business’ at a general meeting shows that she is fundamentally incompetent. Add to the fact that she has manipulated the proxies so that they all approve her appointment and I wouldn’t even consider her for renewal, except for this: You want all the documents related to the strata scheme to be brought to the meeting so you have to let her think she’s in with a chance of keeping the business.
Contact a couple of other strata managers (and I would include our sponsors Strata Choice among them, if only because they would be sponsoring this website if I didn’t rate them) and you could even ask if they’d be prepared to help with this process without any guarantee that they will be signed up.
Your strata manager’s behaviour is extraordinary and either shows a lack of knowledge of strata law or a preparedness to ignore it. Either of these would disqualify her from re-appointment, in my book.
Act quickly and decisively and all this will soon be behind you.
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Good on you for standing your ground. We have to help the little people with the little Hitlers.
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The Strata Act doesn’t specifically mention OH&S but it is covered by other legislation in areas where it does apply.
However, the Owners Corporation may not choose not to maintain or repair common property if doing so would affect safety. See 3(b) below:
62 What are the duties of an owners corporation to maintain and repair property?
(1) An owners corporation must properly maintain and keep in a state of good and serviceable repair the common property and any personal property vested in the owners corporation.
(2) An owners corporation must renew or replace any fixtures or fittings comprised in the common property and any personal property vested in the owners corporation.
(3) This clause does not apply to a particular item of property if the owners corporation determines by special resolution that:
(a) it is inappropriate to maintain, renew, replace or repair the property, and
(b) its decision will not affect the safety of any building, structure or common property in the strata scheme or detract from the appearance of any property in the strata scheme.
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@Cagey said:
We have had 2 cages put up in a garage of 27 alotted car spaces, I don’t want one either side of my car space as I couldn’t open either side door if it happened, what can I do.There has been a long-running case where an owner insisted on her ‘right’ to enclose her space despite it preventing her neighbour’s car doors from opening and the owners corp refusing her permission to do so. The deciding factor was the agreement at the CTTT that the use of a car space requires access to adjoining spaces. After appeals and re-appeals failed, the woman came home one day to find the cage dismantled and ‘parked’ in her spot.
What you need to do is write to your EC and strata manager and ask them what by-laws they have in place to prevent the construction of cages that intrude on other owners’ ability to use their car spaces as designed.
They may decide that car spaces are for cars (not storage) or they could limit cages to spaces that don’t impact on other owners. But it sounds like you have chosen the right time to raise this issue.
Meanwhile, until they have a by-law in place, the EC does have the ability to prevent cages being constructed as they almost certainly require drilling into common property (floors, walls and garage roof). I would suggest they issue a moratorium on any new cages until such times as they have a policy that can be put to a general meeting and agreed upon by the majority of owners.
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