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If that neighbour has a key to your Unit, it’s possible a previous resident gave them a key (in case of being locked out, say), and they may not have returned it.
Aaah, that makes sense. Change the locks, solve the problem. Buy a new lock that fits. Any reasonably handy person in the building could do it for you.
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Are you referring to the building facilities manager or the strata managing agent? Either way, they are incompetent fools, backing up SCA President Julie McLean’s assertion that there are too many untrained and unqualified amateurs passing themselves off as strata managers in Victoria.
Find out how much it would cost to rectify the situation to your satisfaction and then bill the OC managers accordingly.
By the way, I doubt if the “precedent” would stand up in a tribunal. It was a decision the manager was not empowered to make (I’m guessing) so it can’t be used to justify any other decisions. Might also be worth asking what relationship the manager has with window installers.
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We could borrow from CWF but then we are obligated to raise a special levy to replace the funds we borrow within 90 days.
The Act says in S76 (2) (below), that within 90 days you are obliged to “determine” the amount to be refunded, it doesn’t say you have to refund it within 90 days. It goes on to say that this comes under S 81 (5) which says it can be paid in instalments – it also doesn’t say how large or frequent those instalments should be.
Even if your strata manager says the Act means you have to pay it back in 90 days, who is going to complain if you interpret it a different way? The strata manager is bound to follow the OC’s instructions (within the law) you are not obliged to take their advice.
76 Use of administrative fund or capital works fund for purposes of other fund
(2) The owners corporation must, not later than 3 months after the transfer or use, determine the amount to be levied as a contribution to the fund from which the transfer or use was made to reimburse the amounts paid from the fund. Section 81 (3) and (5) apply to a contribution determined under this subsection.
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This is a common misunderstanding. Proxies do not have entitlement to vote. Sch 1 clause 23 talks about who is entitlement to vote. Proxies are entitlement to cast the vote of the person with entitlement to vote (if the person with the entitlement is financial). It isn’t semantics.
This isn’t semantics either:
Schedule 1, 25 Rights of proxies and limits on votes by proxies
(7) Limits on exercise of proxy by building manager, on-site residential property manager or strata managing agent
A vote by a proxy who is a building manager, an on-site residential property manager or a strata managing agent is invalid if it would obtain or assist in obtaining a pecuniary interest for, or confer or assist in conferring any other material benefit on, the proxy.
Also, it would help us to understand your argument if you could differentiate between proxy holders, proxy votes and proxy providers. Referring to them all as “proxies” is pretty confusing.
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Hi Jimmy,
you are wrong about the Greens delaying action on rents. The labor government was proposing action next year. The Greens want action now, and labor is rethinking.
Yeah, but the issue seems not to be the Greens saying to Labor “do your thing NOW” but saying “do OUR thing now.” That’s the problem with zealots – they’re focussed on the fight rather than the fix. Congratulations, Greens. You held the line, just as you did on climate action, and everybody suffers, especially the people who voted for you.
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I’ve been contacted by Edwina Feilen from a company called Sedgwick who says:
“I saw the message about someone needing assistance in this space on the latest issue but am unable to register or log in. My organisation specialising in many aspects of assisting our clients and including strata deal with many building related issues including that relating to mould and would be happy to help. Not sure how to reach out to the person needing assistance. If you can point me in the right direction that would be appreciated.
Email: edwina.feilen@au.sedgwick.com Website: http://www.sedgwick.com
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Do the model rules apply automatically or do they have to be adopted if they aren’t in place already?
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If the strata committee hasn’t done anything within two months, or has actively declined to take action, you can take them to the tribunal for failure to fulfil a statutory duty, under Section 232 of the Act. Your first compulsory step if you go down that road would be to seek mediation at Fair Trading.
However, it strikes me that if we can wrap pipes in insulation to stop them freezing in colder areas, surely we can do the same with joists to stop them heating up and cooling excessively. It could be a cheap solution – has anyone tried it?
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I am going to suspend our ban on people naming contractors (or themselves) on this Forum so that this person can get the assistance they need. However, if you are telling them who to avoid, send a personal message.
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Your strata manager may have delegated powers to act as the Secretary, but any decisions can be rescinded by the committee. As the SM on what grounds and by what authority they have called the meeting. This is what the Act says:
19 Other general meetings(1) The secretary or a strata committee of an owners corporation may convene a general meeting (that is not an annual general meeting) of the owners corporation at any time.
(2) The secretary of the owners corporation, or another officer if the secretary is absent, must convene a general meeting (that is not an annual general meeting) of the owners corporation as soon as practicable, and not later than 14 days after, receiving a qualified request.
(3) A meeting may be convened on a qualified request even if the first annual general meeting has not been held.
(4) A request is a qualified request for the purposes of this section if it is made by one or more owners of a lot or lots in the strata scheme having a total unit entitlement of at least one-quarter of the aggregate unit entitlements.
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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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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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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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