[Jimmy-T]

They seem to be two different issues.  The first is approval to seek quotes, the second is to approve the choice of contractor.  Unless the first vote included a clause that the cheapest vote should be accepted, or that the committee should use its discretion, then I think you need another vote of some kind.

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[Jimmy-T]

natalie.f@genesistrata.com.au wrote:

If you are seeking approval via email, it’s best to wait until you have a majority.

Not sure what you mean by that, Nat.  Are you saying, make sure you have support, or make sure you have a quorum?

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[Jimmy-T]

Floor coverings can be agreed by the committee but there can be issues if there aren’t clear guidelines for things like noise insulation (underlay).  If there have been other issues with noisy floors, the strata manager may be trying to enforce stricter standards or even just make owners realise that there are standards that need to be met.

The strata secretary can call a general meeting at any time and your strata manager may have delegated powers to act as secretary.

If you don’t have clear guidelines, then you should be looking at passing a by-law to create some.

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[Jimmy-T]

FYI: This is a reference to the benefit principle in the Victoria Owners Corporation Act

49 Cost of repairs, maintenance or other works

(1) An owners corporation may recover as a debt the cost of repairs, maintenance or other works undertaken wholly or substantially for the benefit of one or some, but not all, of the lots affected by the owners corporation from the lot owners.

(2) The amount payable by the lot owners is to be calculated on the basis that the lot owner of the lot that benefits more pays more.

(3) The works referred to in this section may be to the common property or a lot.

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[Jimmy-T]

I assume you are in Victoria. Correct?  The reason I say this is that the Benefit Principle – whereby owners who don’t benefit from items or work paid for out of strata funds, don’t have to contribute towards them – applies in Victoria but not in NSW.

Also, you posted the same question in two different threads in this Forum – that’s not allowed and your other post has been deleted.

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[Jimmy-T]

If the other owners won’t let you participate, apply to NCAT for the appointment of a statutory strata manager who will take over the running of the whole building.

Otherwise, you and your neighbours (as a strata committee)  need to register with Project Intervene and get the Building Commissioner’s help (or his office’s) in sorting this mess out.  Listen to last week’s podcast to hear exactly what that means.

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[Jimmy-T]

Peyronnet wrote:

Who would be responsible for the damage to the laminated floor? The OC? Or should the owner of the unit submit a claim to their insurance?

It depends who was responsible for the initial leak – i.e. if the leak started in lot property, and was the lot owner’s responsibility, and only passed through common property, it probably isn’t an Owners Corp responsibility.

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[Jimmy-T]

kaindub wrote:

Firstly they [strata managers] are not an owner, so do not have any voting or speaking rights.

If the strata manager is asked a question then they are entitled if not expected to answer.  The only reference to “speaking rights” that I can find in the NSW Act refers to owners who attend meetings but must get the permission of the committee before speaking. Also, if the strata mangers are holding proxies, they are entitled to vote except on matters relating to their contracts or remuneration.
Conflicts of interest do not negate votes – they simply have to be declared.

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[Jimmy-T]

The original post was in March last year so don’t be holding your breath waiting for a reply. Also, you have raised your issue in another thread.  Please pick a lane and stay in it.

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[Jimmy-T]

Pancho wrote:

Do you know if a pending VCAT application will make it difficult to sell or rent out my property?

It might make a potential buyer hesitate.  A tenant will be none the wiser but you are required to tell potential buyers and  renters about issues that might affect their comfort and safety etc.

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[Jimmy-T]

tina wrote:

My guess is that it was a candle.  People light candles when they remember the dead.

Oops.  Not familiar with that tradition in relation to Anzac Day.  Makes my comment about bottle rockets seem a bit insensitive.

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[Jimmy-T]

OPERAKAT wrote:

Here we go again, I don’t want to sound precious but why use another headline attacking Victoria …

“Victoria” doesn’t appear in either headline.   Not precious but a wee bit parochial. Should I not mention the state in the stories I write?

… ending with “Could this happen in NSW? Yes, probably. Would the developer get away with it? I very much doubt if the new block would avoid the kind of forensic scrutiny that would put them out of business”

I think the comparison is valid.  Things are far from perfect in NSW but at least the government is trying to fix things, hence the programs that will catch phoenixers and drive repeat offenders out of business.

The scrutiny applied to your “new development” wouldn’t help the poor owners of the original property,

The young woman concerned realised this but wanted to get the story out to warn others.  The developer’s name will be made public eventually, rest assured.

by the way, there are another four states and territories you might complain about

And I do, particularly NSW, Queensland and to a lesser extent WA and Tasmania.

good luck with your new book I will look out for it at the Hill of Content.

Great bookshop, if it’s anything like the one in Balmain. My partner and I were there just a week or so ago when she was signing copies of her new book “That Bligh Girl”.

And with regard to me writing about Victoria, someone has to do it or nothing will change.  Mainstream media seems very reluctant to touch apartment stories and the government agencies are collapsing under their own weight.

I am no Andrews-basher, but the Victorian government seems to have a blind spot when it comes to strata and the media is letting them get away with it.

 

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[Jimmy-T]

Flame Tree (Qld) wrote:

I’d think the flip the apartment upside down and see what doesn’t move

I think I’d go with Scotlandx’s answer which is pretty much on the money and is based on the “actual legislation”.

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[Jimmy-T]

andyj wrote:

My neighbor set fire to her bedroom curtains earlier this year during an Anzac Day display.

Okay, I give up. What is the significance of the Anzac Day display?  Was she firing bottle rockets out of her window?

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[Jimmy-T]

Anyone can raise a complaint about a strata manager  but the strata committee would have to hold a meeting before doing that as representatives of the strata scheme.

As for the spoiler motion, it’s only a conflict of interest if the strata manager used proxy votes to vote on it.  And if  by indemnity you mean that it refers to costs being charged back to plaintiffs in a case against the strata scheme or managers, then it is probably invalid.

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