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The actual rule is not more that 25 percent of votes cast being against the motion. But it's about votes cast at the meeting, not the number of eligible votes in the building.
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Victorian Strata Law is far from my area of expertise but I would think there are three things that apply here.
1. Your by-laws – what do they say about renovations in general and removing or changing common property?
2. What do the strata laws say?
3. What do local council by-laws say?
Have a look at this document HERE. It’s an article on this very topic in Australian Property Investor magazine. It’s a bit general but it does say this: “Before renovating your apartment you should realistically assume you require approval of the OC and, possibly, local council.”
A glance at Victorian legislation suggests that significant alterations affecting common property would require a special resolution, rather than just a simple approval.
Maybe one of our Vic-minded readers has more on this.
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If things are bad to demand change but not bad enough to convince the CTTT, I think you have to give due consideration to the option of mounting a 'coup' by acquiring enough votes to clear the incumbents out.
I know from personal experience that that's not as easy as it sounds but it's far from impossible.
First get a hold of the list of addresses for all owners.
Then write to them about how you think the value of their property is being eroded by bad management. For instance, get comments from local real estate agents of how much more apartments would be worth if x, y and z were done.
Then tell the other owners how you think their money is being wasted. Point to obvious 'holes' in the accounts and contracts that cost more than they should. Again, back it up with quotes.
Then tell them what you and your cohorts plan to do about it.
Once you have the numbers, either call an EGM or wait for the next AGM, reduce or increase the size of the Executive Committee to the numbers that will work best for you, propose your “slate” as a group and if you've got your numbers right, take over.
Then work your backsides off to show that people were right to have faith in you.
But what you don't do is:
- Attack the incumbents personally – your legal 'privilege' of fair comment is wiped out if the other side can prove malice.
- Appeal to other owners' sense of fair play – that's a lot less compelling than the financial arguments
- Demand change on principle. It won't wash. Investor owners, especially are only interested in making money and not losing it. They aren't interested in politics.
So even if the real problem is that you are dealing with self-interested bullies, the argument always has to be financial. To people who don't live in the building, everything else is just hot air.
Oh, and one last thing, be careful what you wish for.
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There a certain basic things that are supposed to be included in a home when you rent it and a working stove would be one. I would be asking the agent for a reduction in rent from Day One to compensate for the lack of a stove. Unless the promise of a new kitchen is in writing, they may have to let those improvements go.
But before you do anything alse, contact Tenants NSW HERE and get their advice on the best way to proceed.
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Good point, Whale.
But just to clarify to other readers, the “Model” by-laws only apply to your complex if you adopted them or if they were the ones in the Act at the time your strata plan was registered and your OC didn't adopt any specific by-laws.
These by-laws may well apply to your complex but you shouldn't assume that they do. Check your own by-laws … they can and do differ from building to building.
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Firstly, fill in a form asking for mediation HERE. If your mother is a pensioner do it in her name as it's a lot cheaper.
If mediation doesn't work, take it to the CTTT (but you have to go through mediation first).
Don't forget to go to your next AGM and challenge all the EC members to explain why they are on the EC if they aren't prepared to enforce the by-laws.
The EC isn't there just to address problems they might have and if they're not prepared to accept their responsibilities to other owners, they should get out of the way and allow people who do have some moral fibre to do the job.
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I believe the standard strata management contract delegates all office-bearers duties to the strata manager in the absence of anyone to fulfill the roles from the EC. So, yes.
If the strata manager is diligent and efficient, it could be the best thing that could happens because decision will be made by someone who knows what they're doing without all the bickering and infighting. Just don't expect any deep thought on forward planning – that would be well beyond their remit.
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This should be straightforward and it would be were it not for the fact that your aunt has visitors parking in front of her garage too (it does make me wonder who's in the visitors parking if there are no spaces available).
But my approach would be to firstly ask the Executive Committee or strata manager to issue a warning to the 4WD owner – they are almost certainly in breach of by-laws.
Secondly, your aunt should ask the EC to monitor who is parking in the visitor spaces and, if need be, designate one of them for doctors, health professionals and other carers so that the people who really need the spaces can always find one.
If the EC issues a “Notice To Comply” to the rogue parker, they could face substantial fines from the CTTT if they continue to park illegally. Whether or not your aunt has a car is irrelevant.
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Well, there you go! I didn't know an internal bathroom wall was different. You learn something every day.
Billen Ben referred elsewhere to a document by the Institute of Strata Title Management (now called Strata Community Australia) called Who's responsible? It's very informative and you can find it HERE.
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You're right, they're wrong. The old “the paint belongs to you” argument in this instance, like the pipes in your bathroom, doesn't hold water.
They damaged your wall and your paintwork to fix common property so they should pay for repairs and painting. Tell them you want a letter committing them to paying for the previous work and any future work before you let them near your walls again.
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A bathroom wall and the waterproof membrane would normally be Common Property.
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Councils often won't get involved in strata becasue the structures exist for this to be remedied internally.
So, do your by-laws contain anything specific about pets?
Do they contain anything about “the peaceful enjoyment of your lot”?
That's your starting point. More advice will be forthcoming once that's been established.
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