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the quoted section of strata law and the original post refer to strata committee meetings, where proxy votes don’t apply. As acknowledged, rules are very different between NSW and Vic (where owners don’t have the right to attend committee meetings). In both cases, committee meeting decisions can be overturned by the owners at a general meeting so if there is jiggery-pokery afoot, there are remedies.
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Generally speaking you are allowed to trim the branches of trees that overhang your property but there are conditions, not least that you have to pay for it. Also, if this is strata, you have to establish who owns what.
Here are some other rules, according to City of Sydney Council (but probably apply in most areas):
Rules for Pruning- Stay on your land: Do not step onto your neighbor’s property to do the work unless they give you direct permission.
- Cut only to the boundary: Stop cutting right at the property line; do not hack away parts of the tree living on your neighbor’s side.
- Do not harm the tree: If your cuts kill or poison the tree, you can be sued for property damage.
- Check local council limits: Some areas protect certain trees or require a permit for heavy pruning if the tree is in a heritage zone or of a protected species.
Also,
- Return the cuttings: Legally, the pruned branches and fruit still belong to the tree owner, so you should offer the offcuts back to your neighbor.
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It depends. If the intention of the item is to have a general review of common property, in order to identify issues that require further investigation, then the broad brush approach is fine. But if the agenda simply says “common property” when the intention is clearly to discuss a specific issue, and perhaps one that the secretary doesn’t want to alert other owners to, then you could say it was in breach.
What can you do about it? Not a lot. The tribunal is not going to declare the decisions taken at a meeting invalid because the agenda wasn’t up to scratch. But the owners at a general meeting can do so. And that is your safety net – self policing by a majority of owners.
It it’s egregious and systemic, you can ask the owners and, failing that, the Tribunal to remove the offending committee members.
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I am concerned I am once again going to have no say on how its addressed
That’s a valid concern but the Tribunal is unlikely to instruct them to fix the problem in a specific way, although they may well be instructed to fix it. One thing you can do to propose a motion to the strata committee or even a general meeting that asks the OC to fix your issues by a proven method or explain to owners why they have chosen a different and possibly less effective solution which may result in more remediation bills in the future.
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- This reply was modified 3 months ago by -.
When I reported effloration on my balcony, our chair sent the building manager with a scrubbing brush. I told him to tell the chairman where to stick it. We ended up having our balcony retiled at OC expense. I would have paid for the tiles myself if the chair hadn’t been such a tosser.
By the way, efflorescence is the result of the sand in concrete having too much salt in it. It’s recognised as a defect under Australian Building Statndards and it must be fixed by the developer in new blocks and the OC when it affects common property.
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- This reply was modified 3 months ago by -.
Hi im in a very similar situation which lawyer firm did you go with and can i ask approximate costs?
Registered Flatchatters can DM each other with information like this. BTW, Flora used her real name on this and her other post related to this matter. I changed it.
By the way – and the lawyers hate me saying this – but if you suspect the other side might put up a fight, go with Bannermans, and if you want an amicable resolution, Sachs Gerace may be the way to go. Otherwise, both are excellent strata lawyers and get results.
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If this information is missing from the AGM’s Agenda, then this is a problem. The strata manager would be in trouble with Fair Trading, since many of these items are mandatory to include in the AGM Agenda.
A problem? Just ask Netstrata…
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As I pointed out to the SM and the comittee member who was most vocal – you cannot spend $3K+ without owners agreement and why should we pay towards this when it’s against us.
Are you sure about that? There’s a standard item that comes up at AGMs allowing the Owners Corporation to agree to a different limit on unapproved spending. Many if not most atrata scheme set a higher limit as $3k is nothing these days. Check the minutes of your last AGM before you head for the barrricades.
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- This reply was modified 3 months, 1 week ago by -.
The issue may be that the OC is buying and installing shelves for some owners but not all (those that already have them). It might be easier to allow owners to intall shelves with a certain design and specifications, and arrange the installation at a discounted price – but they pay for it. That way everyone benefits and it doesn’t go through levies. Fire danger is the go-to excuse for saying know when saying yes would be too complicated.
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There is another option, but that requires both parties to agree, and that’s mediation. However, I have to be honest – the only person I know who works in mediation will deal with family and business disputes, divorce and battles over wills, but she and her organisation won’t touch strata because it’s too highly charged and requires such specialist knowledge of the law.
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A further option, that may de-escalate the situation is to refer the resident to NCAT and to make a formal complaint there, and encourage an NCAT mediation session.
An application to NCAT must be related to an aspect of strata law or a by-law that has been allegedly breached. In any case, applying for mediation is pretty much an escalation as it is effectively reporting the miscreant to the authorities.
To be fair, I think the OP may be kidding themselves if they think they can deal with the situation without escalating the tension. On the other hand, tackling it head on and reaching a solution may rip off the band-aid and allow things to return to normal fairly quickly.
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Please stop beating me up about AI. I did not seek an AI opinion, it was thrust upon me, and as I said before, I only took it as a hint that strata schemes like this are not very common. I still think that they are relatively rare here in NSW.
I don’t think anyone is beating you up about AI – it was just an opportunity to make the point that it can’t be trusted, especially when it comes to strata. I hear that strata managers are getting frustrated by owners who consult AI and then argue with them on the basis that AI is a lot smarter than the average strata manager, which may be true when it comes to history and geography but not so much on something as complicated as strata.
Good luck with sorting out the issues in your scheme. Generally speaking, an amicable consensus is going to serve you better than trying to interpret the letter of the law.
BTW, and don’t tell anyone this, but I use AI all the time … but I always double check the “facts”. When it comes to NSW strata, AI can be about as reliable as a bloke who’s a friend of someone at your brother’s work who used to rent a flat in Melbourne.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.
Section 29 of the SSMA allows secret ballots:
29 Secret ballots(1) Voting on a motion or for an election at a meeting may be carried out by a secret ballot if—
(a) the strata committee determines that the motion or matter is to be so determined, or
(b) at least one-quarter of the persons entitled to vote on the motion or election agree that the motion or matter is to be so determined.
(2) The regulations may make provision for or with respect to the procedures for a secret ballot.
I couldn’t see anything in the Regulations relating to secret ballots but regs may exist elsewhere.
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Go through your by-laws and see which of them have been breached. Then hold a committee meeting with the breaches on the agenda for discussion and action. Then send the miscreant a Notice To Comply (on the official form) for each of the by-law breaches you allege. If they refuse to stop, go straight to NCAT for enforcement – no mediaation required.
NB: With the strata manager absent, you need to go through the process diligently: agenda – meeting- NTC. And you don’t need to send a warning. A notice to comply is a warning.
The model by-laws include:
1 VehiclesAn owner or occupier of a lot must not park or stand any motor or other vehicle on common property, or permit a motor vehicle to be parked or stood on common property, except with the prior written approval of the owners corporation or as permitted by a sign authorised by the owners corporation.
4 Obstruction of common propertyAn owner or occupier of a lot must not obstruct lawful use of common property by any person except on a temporary and non-recurring basis.
6 NoiseAn owner or occupier of a lot, or any invitee of an owner or occupier of a lot, must not create any noise on a lot or the common property likely to interfere with the peaceful enjoyment of the owner or occupier of another lot or of any person lawfully using common property.
Just be aware that your by-laws may be differnt.
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