Forum Replies Created
-
Replies
-
Check your building’s by-laws for specifics. Our building has very detailed and prescriptive rules (including 11mm Regupol dense foam insulation). I didn’t agree that the by-law should be so prescriptive – better technology could come along before the ink on the by-laws was dry – but we went along with it anyway. There have been no complaints so far (about 9 months) so I’m happy.
In the absence of a by-law – and even when there is one – the only thing that matters is whether or not the noise will transmit to the units below and adjacent. When we were looking for our timber floors I was offered all sorts of magic solutions and had flooring salesmen telling me that the by-laws didn’t count because “boring old farts” on EC committees would be over-ruled by the courts.
Needless to say, we went elsewhere (Precision Flooring) to be precise and even though they were expensive, they did a great job. You may find someone who will do the job more cheaply and just as well but I would be looking for a guarantee that they would replace the floor and insulation free of charge if the EC received valid complaints that there was too much nois.
Nothing quite works quite as well as properly insulated carpet but there are some flooring systems that do the job adequately.
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.
I’m with KP for the most part. I reckon someone from the EC has had a sticky-beak when the apartment was being shown for sale and has noticed some unauthorised changes to common property that, technically, are the Owners Corp’s responsibility even though the changes went through without their approval or knowledge.
First things first, they can’t make you take them out at your expense so make it clear to them that they need to back off or you will be the one taking them to the CTTT. However, they could force you to allow them to reinstate the ceiling at their expense (but, seriously, that is not going to happen).
A compromise, as KP suggested, would be to accept responsibility for the ongoing repairs and maintenance of all the common property that was altered by the previous owner (which I too suspect is all the EC really wants).
So tell them that if they create a reasonable special resolution by-law that allows you to keep the apartment exactly the way it is, you will sign the agreement – provided they pay the legal costs.
Otherwise they should leave you alone and they shouldn’t expect to hear from you again until such times as you need them to repair the lights, plumbing or whatever else was changed in the renovation.
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.
I think tenants in this case would be commercial tenants as I can’t think of any situation where a residential tenant would have any control over fire exit signs (but a commercial tenant might).
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.
It strikes me that even if the fence isn’t common property, if the fire exit is required then that would be CP and it’s up to the owners corp to pay. I’m sure someone will start quoting chapter and verse of who owns which part of the fence – cue My Pink Half of the Drainpipe – but that’s irrelevant if this is adjudged to be a necessary fire safety measure.. However, if it isn‘t a necessary fire safety measure, then Mum could be paying for this on her own (if she can get the neighbours’ permission to put a gate in there.
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.
The non-service of General Meeting notices is such a serious issue that the creation of a by-law to allow agendas by email may jst be a belt and braces approach, just in case, for instance, someone changes their email address and hasn’t told the Strata Manager or secretary.
I do know however that sending out great wodges of paperwork that most people aren’t even going to read is incredibly wasteful. Not only that, electronic notices are easily searchable for years after the original paper notices have gone to recycling.
That said, I think our strata manager sends out the agenda on hard copy, just to be on the safe side. There are people who will claim they didn’t get proper notice of meetings and until such time as there is an automatic system for notifying the receipt of General Meeting notice, I think you will get both.
And I don’t think the by-law over-rides the law – it sits alongside it. It would only appear tooverride the law if it said that’s what it intended to do. And then, of course, it would be invalid because no by-law can override any other law on the statute books.
I think this particular horse has been beaten to expiration. There is nothing to be gained from going round in these circles. Unless someone has a definitive statement that will put this to bed, let’s consider the matter closed.
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.
Juan had a point and it’s a confusing issue that also relates to insurance. I recall my building had this debate years ago when we wanted to take the commissions out of the equation and save ourselves the money that was going to the strata manager. The insurers took the money off the premium but still paid the strata manager. Why? It’s got something to do with the legwork and paperwork being done at the strata manager’s end of things and the bank just has to register the the new customer so it’s easy.
That said, I am sure there are companies out there who are milking this for all its worth and that in some cases the mutual benefit between service provider and strata manager is at the expense of the strata scheme.
However, you don’t have to go along with these arrangements. You can tell the strata manager to change banks or insurance companies for your account. If they refuse to do so, ask why and if there is no satisfactory answer, start making plans to change your strata manager.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.
Same here in NSW I think although the standard rule is that guests must be accompanied by residents when using common property facilities.
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.
Notices can be sent electronically but I think they require both a by-law allowing the EC to do so and for the owners to ‘opt-in’.
This is what the Act says about EC notices:
Part 2 Provisions relating to meetings of executive committee
6 Notice of executive committee meetings
(1) An executive committee of a large strata scheme must give notice of its intention to hold a meeting at least 72 hours before the time fixed for the meeting:
(a) by giving written notice (which may be done by electronic means) to each owner and executive committee member, and
(b) if the owners corporation is required by the by-laws to maintain a notice board, by displaying the notice on the notice board.
(2) An executive committee of a strata scheme that is not a large strata scheme must give notice of its intention to hold a meeting at least 72 hours before the time fixed for the meeting:
(a) by displaying the notice on the notice board, or
(b) if the owners corporation is not required by the by-laws to maintain a notice board, by giving written notice (which may be done by electronic means) to each owner and executive committee member.
(3) The notice must specify when and where the meeting is to be held and contain a detailed agenda for the meeting.
(4) A notice may be given to a person by electronic means only if the person has given the owners corporation an e-mail address for the service of notices under this Act and the notice is sent to that address.
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.
That would be a “no change”. The Chairman doesn’t have a deciding vote but a smart chairman will allow people to have a think and possibly encourage those who either don’t care or feel they don’t know enough about it to abstain and then call for a second vote.
If the numbers are still tied, the status quo pertains.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.
Decisions made at an AGM can be challenged on the basis that someone was denied a vote and that vote would have changed the outcome, provided they challenge within 28 days (I think).
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.
@kparbs said:
There is another AGM coming up in November and we would like to know what our rights are regarding:
a) removing the treasurer from the committee due to the competing interests and failing to act in the best interest of all owners. We are aware that he has been paying himself out of strata funds for various jobs on the property in non-arms length transactions
b) removing the bike rack and reinstating the garden bed and lawn
Thanks, Katrina
Removing the treasurer is easy. Firstly you get four other owners to agree with you and either turn up or give you their proxyr, then you have a majority.
At the AGM you choose the number of members of the EC that you want (let’s say five, for instance) – this is a mandatory part of the AGM process – then you elect the five people you want on to it, obviously excluding the guilty party.
Next, if the bike rack was established as the result of a special resolution by-law, you will need one more vote to overturn the decision as it needs a 75 percent vote in favour. If not, a simple majority – which you already have – will see the bike rack removed.
However, if the rest of the owners aren’t bothered about the treasurer paying himself for actual physical work (rather than EC work, which is forbidden) there’s not a lot you can do except take the Owners Corp to the CTTT for undermining the amenity of your lot or possibly changing the use of a garden to a bike rack without the proper by-laws (whatever they may be).
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.
@Juan Durection said:
So, should strata managers be more accountable do you think, JT?Absolutely. So do a lot of strata managers whose reputation is being sullied by cowboys and no-hopers. Hence the accreditation program I referred you to.
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.
I’ve had a strata manager who held AGMs in his living room and prefaced every meeting by telling us how he had been trained to kill by Mossad.
Another persuaded the EC of our block to sign an agreement saying that he wasn’t responsible for any decisions that he made regardless of the outcome (he then spent our entire sinking fun getting three out of 36 very ordinary windows renovated by a heritage restorer rather than a joiner).
Another one put our seal on a building management contract that we didn’t want to sign anyway because the developer had installed an incompetent and corrupt fool. To make matters worse, he didn’t notice they had sneaked in a clause saying that if we forced them to replace the building manage we would have to pay the idiot’s salary until an equivalent job could be found for him.
So I know all about bad strata managers … and I know a few good ones too. And really we shouldn’t make sweeping statements about the whole industry based on a bad manager who’s badly managed by a bunch of amateurs who don’t know any better.
I’ve been writing about strata for about 10 years now and I agree, there are some doozies out there, but I can also say, hand on heart, the whole industry is a lot more professional than it used to be.
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.
Rob, you have pinpointed exactly where I have my issue with the memorandum.
It’s the very slack language of “Damage to a lot caused by any water leak mentioned above …” If “above” means only in that section pertaining to lot owner’ responsibilities, then the owners corp isn’t responsible.Item 2.17d refers to the OC being responsible for damage caused “when effecting repair …”
It seems to read that the Owners Corp is only responsible for damage caused when repairing a leak, not for the damage caused by the leak.
This doesn’t make sense to me and seems to cut across common law principles that you are responsible for damage caused by things that you are in control of. But I have had strata managers insist vehemently that that’s exactly what the Memorandum means.
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.
As I said, there are bad SMs in good firms and vice versa. If your manager isn’t giving the service you require, ask the head office to replace them. If the Strata Management firm isn’t responsive enough, look at their contract and start working out how to replace them.
But if your EC doesn’t mind or doesn’t care, your real problem is with your neighbours rather than the strata management firm who may not even be aware that there is a problem.
Regarding the money they make. don’t confuse the amount of money they collect with what they actually earn. Most of what they receive ion levies goes straight into bills to service the building. I’m not saying there aren’t SMs making a decent living, buit there’s a lot of confusion between what SMs in general collect and what they get paid.
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.