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And why would someone not vote to return money to them, though I guess you could find some crazy souls out there.
All I can say is, I’ve seen it done, for reasons from not wanting to go along with the committeee or chair to simple envy because the person with the lowest unit entitlements was going to get less that the owner with the highest. It only takes one “no” vote. And in my experience, some people from all walks of life, who only have the power to say no, use it at every opportunity.
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Surely a driveway would be covered by “other area of possible danger or hazard to children” ??
Yes, but the current by-law allows children to play in those areas under adult supervision.
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Can an OC be liable for medical costs etc? Or would the building insurance cover it?
Depends on the insurance, but if the block permitted activities that the insurance didn’t cover, then yes, the scheme would be liable.
Could this be viewed as discriminatory or fraud against the minority?
Not really (and certainly not fraud on the minority, which is related to the sale of common property). The owners corp is entitled to control the use of common property and ensure that it is used safely for the purpose for which it was intended. So many kids are killed or injured on the driveways of private homes every year that you’re unlikely to get a sympathetic hearing at a tribunal.
It may be that noise is bugging your neighbours more than the fear of financial responsibility, but that’s the kind of argument that gets owners’ attention when it comes to a vote. You need to find an area where the kids can play safely and be left to be kids.
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second motion says if motion 1 is approved, $x from the admin fund is returned to the owners in 30 days.
This only works (in NSW) if the vote to “repay” the money is unanimous (section 77 of the Act). Under the Act, “unanimous” means that no vote is cast against the motion at a properly constituted general meeting.
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If some lots are bigger, they may get a higher number of votes.
I should have spelled that out. But the same principle applies, an owner has the voting power attached to all their properties and proxy vote limits would not come into it.
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I think that this can be done as a simple budgetary measure at your AGM. If the Admin fund has spare cash, change the budget so that more money from your levies goes into the capital works fund and less into the admin fund, drawing down on the admin fund for expenses, until such times as the amounts are where you want them to be.
If the money is required urgently, remember that 76 (2) only says the OC must decide on how the money will be repaid in 30 days – not necessarily to repay the money in 30 days (although experts are divided on this).
Whatever you decide, no one will be going to jail over this; there are no StrataKops.
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There is absolutely no guaranty that NCAT will order that your costs in full or in part will be paid for by the losing side ie the OC; and
But at leas if you win, Section 104 means you don’t have to contribute to the strata scheme’s costs and expenses accrued in defending the action.
104 Restrictions on payment of expenses incurred in Tribunal proceedings(1) An owners corporation cannot, in respect of its costs and expenses in proceedings brought by or against it for an order by the Tribunal, levy a contribution on another party who is successful in the proceedings.
(2) An owners corporation that is unsuccessful in proceedings brought by or against it for an order by the Tribunal cannot pay any part of its costs and expenses in the proceedings from its administrative fund or capital works fund, but may make a levy for the purpose.
(3) In this section, a reference to proceedings includes a reference to proceedings on appeal from the Tribunal.
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Smallish complex – can a single commercial entity (neighbouring nursing home/retirement village) owner of multiple units (with designs on the property, BTW) appoint multiple representatives to an AGM…
It’s a numbers game. If the company has more than one lot, then they are entitled to a vote and a nomination for each of those lots.
… and more importantly expect them all to be able to join EC?
But there is no entitlement to get a seat on the strata committee, just an entitlement to be nominated. What you have to do to protect your position is to make sure you have a majority of owners on your side.
With a majority, you can decide the size of the committee and the number of people on it, regardless of how many nominees the company sends to the meeting.
You could theoretically exclude them from the committee completely, if you wanted, or make sure there was only one or two spare seats above the numbers occupied by your supporters.
Ownership in strata in NSW gives you an entitlement to vote and if you have two lots, you get two votes, three lots get three votes etc etc. Multiple ownership doesn’t guarantee you anything else except the right to attend committee meetings (without speaking) and several sets of levies every quarter. However, all that changes if the majority of owners can’t organise themselves to vote as a group.
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There is nothing wrong with them except they’re about 2 inches lower than the prescribed height.
Well, that’s what’s wrong with them. But a rail or some security glass along the top would fix that. You don’t have to replace the entire balustrades if they’re otherwise sound.
would a strata be fined for NOT upgrading the balconies?
If the council ordered your scheme to replace the balustrades or make them safe, you could be fined for ignoring the order. But the order would have to come first – you can’t be fined pre-emptively
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I drove an electric car for the first time last weekend – from Hobart to Launceston – and I’m afraid my inner hoon took over at points. Zipping past lines of fossil-fuelled cars at the end of overtaking sections had an unexpected sense of exhilaration. My philosophical issue is that if we sell our rarely used sporty little Audi S1 and buy a new electric car, some boy racer will get their hands on it, drive it every day and the net effect on the environment will be negative.
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But you can post photos…………………………
Yup. Look below the reply window and you will see “attachments” and “select file”. As long as you have pic on the device you are replying from, you can link it there.
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You might want to tke a look at this ABC News video:
Calls for conveyancers to stop ‘unethical’ referral fees – ABC News
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