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Forget the forensic examination of strata records
I’m looking at engaging a professional to do a forensic search of the strata records to see if there has been any correspondence that would prove bias or unfair treatment that I can use at mediation.
Forget forensic examination of the records. Get an experienced strata lawyer to look at the legality or otherwise of this. Basically the OC would be asking individual owners to cover a shortfall in insurance cover that the OC has used to save all owners in lower insurance premiums. In other words, they want to save money on the premium then save again on the claim.
Somewhere in the dim recesses of my brain, and I could be wrong, I think there’s a principle that if a by-law has an impost on an individual, they have to agree to it.
Otherwise, this smacks of strata committee owners resenting the fact that you have been covered for repairs and received something they didn’t. So yes, you may be up for a fight and whether or not it’s worth it depends not just on the cost versus benefit, but the “social capital” cost too. I would go to an experienced strata lawyer and ask if this can be done legally and to send the SC a letter explaining why, if it can’t.
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It was my understanding that a vote at a general meeting would be required to approve/deny the request, so I was shocked that the very small committee (4 people) were able to outright reject something without taking it to the rest of the owners (48 in total) for vote.
First things first, this sounds like a proposal that may appear to straddle the line between minor and major renovations (terms used in the Act), the difference being whether or not there is structural modification to common property and changes to waterproofing. It also sounds as if the committee doesn’t really know what it’s doing – the concept of precedent doesn’t really exist in strata decisions – every application should be considered on its own merits.
The good news is that the committee has rejected the proposal so you can move on with this and, if necessary, seek orders at NCAT under Section 232, covering the committee’s failure to fulfil its responsibilities.
But before that, write to them and politely ask them to reconsider and tell them that you will undertake to provide binding assurances that you will repair and maintain any changes to common property that may be required.
Failing that, you can suggest that you might seek orders at NCAT (strata Act section 232.2) on the grounds that their refusal was unreasonable, without foundation in law and had serious implications for your family’s health and the structural inegrity of the building.
Finally, any decisions by the committee can be overturned at a general meeting but that usually means waiting until an AGM and often finding, as the readers did in this post, that the committee comes out with all guns blazing, sending out propaganda to persuade owners to reject the proposal without giving you any real chance of reply.
With that in mind, you might want to get an experienced strata lawyer involved to make sure you are making the right approach on the right grounds. That may be enough to make them rethinnk.
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it’s not an over 55 village it’s just a condition of sale and if the units are to be leased they must be over 55
Sounds pretty much like the definition of an over-55s village, probably constructed under a Sepp55 plan. But that shouldn’t make any difference and they still have to abide by strata law. However, while strata schemes can’t ban all dogs or all pets, they can set reasonable conditions under which they can be approved.
One is that they must be an appropriate breed or size and be managed in a specific way (like carried over common property or muzzled in lifts). Such by-law rules serve little practical purpose except to make potential purchasers and tenants aware that dogs and their owners aren’t really welcome.
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Is it acceptable for me to contact the strata manager regarding what they are hoping to have in place?
A polite note asking for an explanation, either to the strata manager or chair, would be reasonable. Unless of course your strata manager is Netstrata, in which case it might just be a way of milking more fees out of owners and passing work to their subsidiary legal entity.
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Perhaps the increase is in the contribution to the capital works (sinking) fund in anticipation of future works. Send your treasurer or strata manager a polite note asking for more information.
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You really need to discover what the intent of the by-law is and if it is really necessary. The model by-laws and the strata law dealing with the removal of dogs that have been approved but turn out to be a nuisance should be enough. But if the strata committee feels they want to deter new dogs from being brought into the building by imposing specific restrictions that is another matter and it should be explained before the AGM in papers issued with the agenda.
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1. What is considered a reasonable increase in fees?
The real question is, what is a reasonable increase in spending, which is what determines the levies. If the OC is suddenly having to come up with money for neglected maintenance, for instance, that would be a valid reason for an increase that might seem unreasonable if you have budgetted for less. Excessive amounts being paid to lawyers to pursue pointless cases at the tribunal would not be reasonable – but would still be enforceable. Increasing by the level of CPI is a good guide but there are so many moving parts in strata it would be hard to pin it down to that.
If there is an increase in excess of the CPI, your strata treasurer or strata manager should explain it in the notes accompanying the AGM agenda.
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Before replying, let’s first establish what state the OP is in – so that we can advise on the right rules.
I think the fact that it has WA in the headline may be a clue
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Is there other legislation or case law (tribunal outcomes) that support your statement 3. The privacy act does not apply to Owners Corporations?
The Privacy Act doesn’t apply to any corporations with a turnover of less that $3million pa. This is why strata managers say they own the strata roll. And I will turn that back on you, if I may: can you show me any instances where the Privacy Act has been enforced by a court or tribunal in relation to a strata scheme?
Here are the simple facts: All owners and residents (including tenants) must be listed on the strata roll. The strata roll is a document that is owned by the owners corporation and as such must be made available to any owner (although a fee may apply). The strata manager must make the strata roll available to the strata secretary. Email addresses must be recorded on the strata roll, if the owner has one.
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a majority committee agreement is needed to escalate to the strata manager and non compliance with by-law proceedings. Do I need a majority committee agreement to address the non compliance?
Just to be clear, if you don’t have the support of the committee, you will be pursuing this in the same way as any other individual owner. However, you can do that. You can report this to the strata manager but it is then up to them if they pursue it.
Alternatively, you can seek mediation at Fair Trading pursuant to an action at NCAT – again, as an individual owner. Needless to say, this will get very messy
Personally, I would consider using a “stalking horse” strategy whereby you get another owner to make the complaint and have them throw in a threat that if the committee doesn’t do anything, the committee will also be taken to NCAT for failure to fulfil its duties (Section 232).
As chair you can then put that complaint on your agenda and force your fellow committee members to either agree or accept that your by-laws are meaningless.
And if you can’t find a suitable candidate for your stalking horse, then it may be that you are the only person who cares about this and it may be best to let it go.
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