[Jimmy-T]

So that would be a “no”, then.

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[Jimmy-T]

That’s a pretty shaky  argument – why would I send you my dry-cleaning bill in the first place?  Strata Committees can and usually are given certain delegated powers by the owners corp to act on owners ‘ behalf. Those delegated powers can include approval of spending. The idea of a strata committee member sending invoices to the strata manager is a way of having checks on SM spending of OC funds. Dry cleaning only comes into it if one member of the committee chucks a glass of red at another, a la MAFS.

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[Jimmy-T]

Surely all the evidence that would be required would be a couple of quotes from reputable insurers with the nefarious premises included and matching quotes with them excluded,

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[Jimmy-T]

kaindub wrote:

But having spoken to an insurance broker (and one that is quite experienced in this type of insurance) I was never able to have explained to me how its determined the extra premium amount.

Maybe I’m being naive but I would have thought you’d ask insurers to quote with the strip club included, and then a hypothetical figure if it wasn’t. You might even say there is a plan to change the strip club to a health spa (or something) and ask for a quote on that basis. Or ask a friendly insurance broker to do the sums for you.

It should be well worth the hassle because (as Kaindub says) the law allows you to charge owners higher levies if the activities in their lot result in a higher insurance premium.

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[Jimmy-T]

Newcastle_SM wrote:

Who is sending the invoices through? It is the Committee Treasurer with an instruction to pay?

TYhat shouldn’t make any difference in the scenario outlined in the original post.  A kitchen tap repair is not a common property issue and the sytrata manager must know this.  Perhaps the person sending the invoice isn’t aware of this.  Isn’t it the strata manager’s job to inform them, rather than just paying it?

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[Jimmy-T]

kaindub wrote:

What if the deposits and payments were put into escrow?

I think they go into some sort of trust account and they may even attract minimal interest.  The problem isn’t their security but they fact that they don’t keep pace with a booming market.

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[Jimmy-T]

The following, from a spokesperson for Building Commission NSW, was received on Friday morning:

Building Commission NSW is working with the Receiver for the Gosford Sapphire Development. These discussions will determine what steps need to be taken for the building to achieve an Occupational Certificate.

Building Commission understands the Receiver is currently organising for consultants to undertake a thorough assessment of the project which will help inform what further remediation is required.

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[Jimmy-T]

kaindub wrote:

In NSW a landlord can only pass on utility costs if they are metered.

It looks like meters have been added, according to the OP, but you’re right, if it’s not in the rental contract they can’t charge for it.

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[Jimmy-T]

NewyBoy wrote:

Forgive me for being cynical, but are they trying to hide something?

One of my favourite aphorisms: “Never ascribe to malice anything that can just as easily be explained by incompetence.”

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[Jimmy-T]

If anyone’s interested, I’m slated to be on again on Monday 14th at 12.30 pm.

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[Jimmy-T]

What exactly were they hoping to do that would take them three months?  The Pica group prides itself on having the latest whizz-bang technology for keeping its records up to date and accessible at the press of a button. It’s not intransigence – just a lack of motivation to look after a customer they have already lost.

What’s the worst that could happen if you stick by your dates? The sky will not fall in. Remember, they work for you and not the other way round.

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[Jimmy-T]

It’s very difficult to police these situations, where someone just digs in, lies and cheats to defend their position. Add in the racial factor – where overseas and local ethnicities are getting a different set of “facts” from the actuality – and it is ripe for exploitation by ruthless individuals. Complaints on that front are often met with accusations of racism.

On top of that, the Tribunal is often remote from all this, with many Members having zero idea of how strata works (or doesn’t). Then you get the ridiculous situation where a strata manager and committee chair is removed because of corrupt behaviour, only to be replaced by a company nominally run by their spouse, who is given total control over the strata scheme as a statutorily appointed manager.

Strata schemes are, by statute, excluded from company law. Change that and penalise corrupt behaviour as a crime and maybe things will improve.

The two most prominent NSW strata managers who have lost their licences or contracts because of their behaviour in recent months are still operating as they wait for NCAT to hear their appeals.  Just think how much damage they can do in the interim.

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[Jimmy-T]

Yes, it has its limitations. I asked Claude this question:

Under the Owners Corporation Act 2006 in Victoria Australia, can a strata committee approve an annual budget without ratification at a general meeting?

This was the response:

To answer this question accurately, I would need to carefully review the specific provisions of the Owners Corporation Act 2006 in Victoria, Australia regarding budget approval processes. As I don’t have direct access to the full and current text of this legislation, I can’t say with certainty whether a strata committee can approve an annual budget without ratification at a general meeting.

Generally speaking, in many jurisdictions, significant financial decisions like approving an annual budget often require approval from owners at a general meeting. However, specific rules can vary.

To get a definitive answer, I would recommend:

1. 1. Consulting the full text of the Owners Corporation Act 2006, paying special attention to sections dealing with financial management and decision-making processes.
   2. Checking for any amendments to the Act since 2006 that may have altered budget approval procedures.
   3. Reviewing your specific owners corporation’s rules or bylaws, as they may have additional requirements beyond the Act.
   4. Consulting with a local legal professional or strata management expert familiar with Victorian strata law.

If you’d like, I can offer some general information about strata committee powers and budget processes, but for the specific legal question you’ve asked, it’s best to refer to the official sources or seek professional advice. Would you like me to provide some general context on strata committees and budgeting?

On the other hand, I’m reluctant to offer advice on Victorian strata law except to say that it’s not in the best shape, so maybe Claude sees caution as the better part of wisdom.

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[Jimmy-T]

tina wrote:

Therefore, in my strata plan, paving in the garden court would be the responsibility of the owner.

This is the most common arrangement although, as Tina says, it’s by no means universal.

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[Jimmy-T]

UberOwner wrote:

Effectively it gives all lots permission to install aircon without having to seek permission – all they have to do is provide documents to the SM to check.

Smart thinking! Presumably it also includes a requirement for the air-con owners to be responsible for their ongoing maintenance.

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