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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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Jimmy, I just established the a/c proposed is reverse cycle split system.
If that’s the case, then it still comes under Section 110 (Minor Renovations) which says this:
(4) Before obtaining the approval of the owners corporation, an owner of a lot must give written notice of proposed minor renovations to the owners corporation, including the following—
(a) details of the work, including copies of any plans,
(b) duration and times of the work,
(c) details of the persons carrying out the work, including qualifications to carry out the work,
(d) arrangements to manage any resulting rubbish or debris.
(5) An owner of a lot must ensure that—
(a) any damage caused to any part of the common property by the carrying out of minor renovations by or on behalf of the owner is repaired, and
(b) the minor renovations and any repairs are carried out in a competent and proper manner.
Apart from that, if the strata committee has full delegated powers to act as the OC, then the SC can decide on approval or otherwise and if the owner isn’t happy they can take it to an EGM or AGM for approval by the entire OC.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.
If you want to call an EGM just for your reno, you might offer to pay the costs of organising and holding it.
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The Tribunal, should your committee try to take action, would find in the other owners favour, in all likelihood, and could order damages,
The Tribunal doesn’t award damages – only prescribed penalties for by-law or strata law breaches – and only awards costs in very specific and limited circumstances such as one party knowingly pursuing a hopeless case or delaying the process unnecessarily. You can’t assume the Tribunal would rule one way or the other, especially in a case where an owner has not followed strata law and by-laws.
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