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It's a standard item on most EC and AGM agendas to refer to correspondence in (usually brief) summary. Otherwise the meetings would go on forever. Most chairs will also advise the committee of the gist of contentious emails – “we've had several complaints about the dog in unit 23 …” kind of thing – again without necessarily producing the letters or emails.
In some circumstances they will provide members with copies of the correspondence, so they know exactly what they are dealing with.
However, as an owner and therefore a member of the Owners corporation, you are entitled to ask to see the contents of mail to and from the executive committee (including quotes and estimates) although this may require a trip to your Strata Manager and payment of a $28 fee.
But bear in mind that expediency and discretion oil the wheels of voluntary bodies like executive committees and while that can be open to abuse, most often it's just a way of getting through the blizzard of paper that afflicts most organisations these days.
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Don't know about the rooster but the hammering neighbour could be dealt with by a Noise Abatement order from the District Court. Refusal to abide by it would be a contempt of court which is a criminal offence. And that means the police can be called. (See the discussion of the drumming teenager for appropriate links).
That said, this could be a mental health issue but even so, action should be taken that means the relevant agencies step in ASAP.
But the rooster has me foxed.
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Check with your lawyers but if the EC doesn’t do the right thing, the next step may be to get a noise abatement order from your district court as well as legal costs and damages for the stress caused.
Alternatively, you could pursue this through Fair Trading and the CTTT but it is a long and convoluted process and there’s no guarantee of success if you are right (which it sounds as if you are).
There is a right to peace and quiet enshrined in strata law. There is no “right’ to learn a musical instrument at someone else’s expense.
If this selfish mother thinks her son’s rock career is so important, let him practice in his bedroom or maybe she could pay for a practice space. There’s no way you should suffer for his “art”.
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Believe it or not, you have the upper hand. Get a couple of estate agents to estimate how much the loft-grab neighbour has improved the value of his home and then tell him you want:
a) that amount in payment for annexing common property;
b) agreement to a special resolution indemnifying the Owners Coproation against any future repairs or maintenance;
c) repayment of all costs involved in drawing up the agreements and holding the EGM required to pass them.If he refuses any of the above get your Executive Committee to issue a Notice To Comply telling him he has 30 days to remove the ducting and return the common property loft to its original state.
Be prepared to negotiate on the price but not on the principle – people can’t just grab common property for their own use, even if it’s not being used for any other purpose. Also CTTT adjudicators can order owners to agree to an Exclusive Use By-law covering this if they refuse to do so.
Also, the money goes to the Owners Corporation (not the owners).
Under an exclusive use by-law,the air-con owner would be granted the exclusive use of that space for the purposes of the air-con installation provided they agreed to its maintenance and the the OC has access to the space and can use it for any other purposes they may require.
This would still be OC space and not necessarily added to his title.
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Mr Strata said:
Jimmy, keep in mind that strata manager's can not issue a s45 notice autonomously unless there is a specifiic delegation to do so in their agency agreement …
Which is exactly what I said in my reply to Struggler about four posts ago, viz:
… that can be done by the Executive Committee or, indeed, the strata manager, acting on behalf of the OC, if he or she is empowered to do so.
Hmmm. Just reminding myself not to post after drinking a second glass of red.
JimmyT
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If there is no Executive Committee you can apply to the CTTT for a willing person to a) hold a meeting and b) be the office-bearers.
But the reality is that in most small strata blocks the owners just let the strata manager get on with it – even less reason for the SM to say they can't issue a Notice To Comply.
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I suggest a quick call to the Police Assistance line 131444 with the details of the abandoned vehicle would assist in this matter.
This sounds like eminently sensible advice although, historically, police have been reluctant to enter 'private property' which in one case I know of included roads within a multi-unit development. It's worth a try and I'd be interested to hear how it pans out.
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Your strata manager may be reading the absolute letter of Fair Trading's flawed advice. It does say that the Owner's Corporation has to issue the Notice To Comply – but doesn't mention that can be done by the Executive Committee or, indeed, the strata manager, acting on behalf of the OC, if he or she is empowered to do so. In short, your strata manager is either wrong or lazy (or both).
The EC, however, does have to have a meeting and minute the decision for it to have any standing. But if this was left to general meetings, there would be 51 weeks of chaos in strata blocks with one week of respite leading up to the AGM.
I'll give you the same advice we gave to an owner over damage to paintwork: tell the Strata Manager to check with the Institute of Strata Titles Management, if they are a member – they'll put them right. If they're not a member, start agitating to get rid of them – chances are they are cowboys (which, on this evidence, seems possible).
The person claiming for damage to their paintwork – who'd been told by the strata manager it was up to her to pay for it – got a note back asking when she wanted the painters to come round to give the EC a quote.
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There's no question that the people responsible for the damage – the Owners Corporation in this case – is responsible for paying the bills. But as Random points out, the best solution isn't always the right one – if your insurance covers it and it's not going to cost you anything now or in the future, then claim – it's theasiest way.
However, if there is an excess on your insurance, you should certainly be asking the OC to cover that.
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I have to be honest here and say you may be over-angsting about something that's quite trivial. The “no drilling, no nailing” by-law is a hammer to crack a walnut. It's something the EC can use as a starting point when someone is gouging holes in their walls to the detriment of common property and their neighbours.
A pelmet is not a major construction and any holes you make fixing it aren't going to bring the wall or the window down.
A brief note to the EC telling them what you plan to do is probably all you need. But, let's be honest, there are people installing wooden floors and entire kitchens without their ECs either being aware or, in many cases, caring.
I applaud you for trying to do the right thing, and maybe your circumstances are different, but really, if it were me, I would just drop them a line, invite them to come and have a look or a chat, give them a week to respond then get on with it.
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Well said. 30 percent of Australian homes have pets in them. Why would you reduce potential purchasers by one-third? All you need is solid by-laws about the behaviousr of the pets (and their owners) and you're fine. Pets also bring owners together – i see it every day in my building.
Of course, for cultural or medical reasons, there are some people who can't tolerate living in the same buildings as any animals so there's no way we can let ALL buildings be pet friendly. But things are moving in the right direction.
And, in any case, I believe it's part of strata law that if a pet is causing an owner harm, physically through allergies or somesuch, the pet can be removed from the building.
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Well, it could be right that your insurance doesn't cover it, but that doesn't mean it's not the Owner's Corporation's responsibility. If you bash into another vehicle in an uninsured car – all that means is that they take their damages claim out of your bank account rather than an insurance company's. It doesn't mean there's no claim.
There might, however, be a by-law specific to your block to the effect that owners have to look after their paintwork regardless of who causes the damage but it doesn't sound very likely. I reckon your strata manager should be tasked with getting you better insurance cover.
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A general meeting is a general meeting so an EGM can correct the minutes of an AGM and vice versa.
Theoretically, and ONLY theoretically, it's the same people who were at the first meeting and they are the only ones who can tell if the minutes are accurate.
A simple majority can decide if and how the minutes should be amended.
A single person at the meeting can propose that the minutes not be accepted (standard business at the beginning of the meeting is to approve the minutes of the previous meeting) but you need 25 percent of owners or a majority of the EC to call the EGM in the first place.
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