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Is there a case where the Tribunal has dismissed a matter because there was no resolution first passed?
I seem to recall a couple. I also recall a case where tenants successfully defended failure to comply with a Notice To Comply on the grounds that they were not aware that there was a by-law that they were breaching, even though the by-law was detailed on the NTC, as the Tribunal requires.
As you say, it’s all down to the whims and knowledge (or lack thereof) of the Tribunal Member.
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I know it will 99.9% always be that they only deduct the amount I ask them to
I might add a few more decimal points to that – I don’t want Macquarie coming after us saying we claimed one in a thousand of their direct debit transactions were dodgy.
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n my defence, when we still had a strata manager, the strata manager said that his employer was no longer allowed to receive a commission for insurance. Either he was wrong or I misunderstood the message.
Some large strata management firms choose not to accept the commission as they can absorb the “loss” and it gives them a commercial advantage over smaller firms that may not have that luxury
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n my defence, when we still had a strata manager, the strata manager said that his employer was no longer allowed to receive a commission for insurance. Either he was wrong or I misunderstood the message.
Some large strata management firms choose not to accept the commission as they can absorb the “loss” and it gives them a commercial advantage over smaller firms that may not have that luxury
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There are two model by-laws that might be used to seek orders to force a clean-up. The latter would apply to the garden. Issue NTCs then seek fines, then seek orders.10 Preservation of fire safetyThe owner or occupier of a lot must not do anything … on the lot or common property that is likely to affect the operation of fire safety devices in the parcel or to reduce the level of fire safety in the lots or common property.
12 Appearance of lot
(1) The owner or occupier of a lot must not, without the prior written approval of the owners corporation, maintain within the lot anything visible from outside the lot that, viewed from outside the lot, is not in keeping with the rest of the building.
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The topic of discussion (not a motion and no votes were taken) was somewhat complicated as it involved flooring.
If it wasn’t a motion – meaning it wasn’t on the agenda – then it shouldn’t be in the minutes (and probably should not have been discussed).
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It doesn’t sound like it will make any difference in your circumstances since one owner of multiple lots gets a vote for each of those lots. In this case it sounds like the “original owner” is actually using trust funds to avoid having their voting power reduced to one-third because they still own more than 50 per cent of the lots. You might try running that argument under current law – if you have the time, patience and deep enough pockets.
A better idea might be to build a compelling case of serious mismanagement and then apply for the appointment of a statutory manager.
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Strata managers are no longer permitted to receive a commission from the insurance company.
Really? Why then does the law say that any commissions have to be declared? Also, most insurance companies will not discount the premium by the amount of the strata managers’ commission even if you negotiate directly.
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I looked up the Strata Schemes Management Regulation 2016 and it says the fee is paid to the Owners Corporation.
I didn’t know that. But since the payment would be to the strata manager anyway, since they hold the records, then the only question is if they pass it on to the OC.
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You might find the strata manager’s company also offers building manager services and they are trying to freeze the incumbent out. Just make it clear that you expect the strata manager to work with the building manager as part of their duties.
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Do you know if the new laws also include company nominees being limited.
Yes. The explanatory note that’s part of the Bill before Parliament says this:
Schedule 3[48] implements recommendation 51. The proposed amendment limits the number of
owners a company nominee or a person acting under a power of attorney may exercise voting
rights on behalf of in a similar way to how the voting rights of duly appointed proxies are limited.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.
The first thing is for you to obtain a copy of the strata management agreement signed by the OC and the strata managing agent so you can understand what the agent’s listed (agreed) functions are.
Yup. That’s where you’ll find the grounds for sacking them – e.g. not doing what they have agreed to do – which is all you really want to do.
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Just a tip: something I discovered on my android phone the other day. If you go into “Drive” tap the plus button and tap the “scan” button, you can use your phone to scan documents and save them as PDFs. Easier and cheaper than photocopying. I’m sure iPhones will have a similar facility.
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