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Depends on whether the exhaust and aircon are common property or not. That’s your starting point.
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The law currently says you must have an AGM in each financial year (not on the anniversary of the previous one). So, theoretically, you could have AGMs 23 months apart – July of year x and June of year x+2.
In your case, if your last AGM was October 2021, your owners corp is not obliged to hold one before June this year.
With that in mind, you may want to hold fire but you could have any motions presented now, if you wished, as they must be put on the agenda for the next general meeting, whenever that might be.
That said, why scare the horses and show your hand at the same time. Just be ready to move as soon as a date is announced.
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Would sub-letting one room in a property for “sharing” be more likely to come under the definition of boarding or lodging, which is exempt from most RTA requirements?
The definitions are a bit fuzzy but for the purposes of this discussion, I would say if your name is on a lease agreement – even as a sub-tenant – then it should be on the strata roll too.
There are definitions of boarders and lodgers in this factsheet which are quite helpful although none of it directly addresses strata schemes.
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I would suggest the sub-leasing mentioned in the legislation is intended as whole of apartment, and not just renters within the apartment (assuming the leasee is there also).
This is what section 258 of the Act says:
258 Tenancy notice to be given to owners corporation of leases or subleases(1) If a lot is leased, the lessor must give notice of the lease, in accordance with this section, to the owners corporation not later than 14 days after the commencement of the lease.
Maximum penalty—5 penalty units.(2) If a lot is subleased, the sub-lessor must give notice of the sublease, in accordance with this section, to the owners corporation not later than 14 days after the commencement of the sublease.
Maximum penalty—5 penalty units.(3) If a lease or sublease of a lot is assigned, the assignor must give notice of the assignment, in accordance with this section, to the owners corporation not later than 14 days after the execution of the assignment.
Maximum penalty—5 penalty units.(4) The notice must be in writing and specify—
(a) the name of the tenant and an address for service of the tenant, and
(b) the date of commencement or assignment of the lease or sublease, as the case requires, and
(c) the name of any agent acting for the owner in respect of the lease or sublease.
I’m not sure exactly what that means but I reckon if someone has signed a residential tenancy agreement, even if it’s only for one room, then they are a sub-lessee.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.
I believe that the law says you must be allowed to change your energy provider if you wish, regardless of who owns the rights to the embedded network. That allows for healthy competition, but it only applies to power supplies.
If your developer has done a deal with, say, a ventilation company to install fans for your garage areas for free in exchange for promising to dupe the owners corp into a decades-long maintenance contract, then it is definitely NOT to the owners’ advantage.
The worst example I have heard of is a company installing storm water overflow tanks for free in exchange for a 99-year agreement that they would get the filter maintenance contract, with a guaranteed 5 per cent rise every year. Just to save you getting your calculators out, with the interest compounding a $5000 contract in year 1 would cost just under $8000 in year 10 – an increase of 60 per cent over 10 years.
Nice work if you can get it.
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I’m hoping someone from Victoria will jump in on this because the law there is different from NSW in so many ways (yet exactly the same in others).
I guess the question is, did you do something to cause the water leak (inadvertently, obviously) such as retiling your bathroom but not having it waterproofed properly?
Or was it a fault with common property piping that happened to be serving your lot?
Simple answer – write to your committee and ask them to put in writing why they think you should pay for this and why they haven’t claimed it on building insurance. Their response may speak volumes.
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It’s about time they had a basic skills and knowledge test for rental agents – they tend to be the lowest of the low in real estate.
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Find another share house – easier now that you’re in the city. When you find it, demand your bond back and if the other tenants refuse, tell them you will report the pet stink to the agent and they will all be thrown out. You can’t be expected to live in someone else’s pet’s ordure.
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If these are fire doors (including the front doors of your flats), it may be that the fire inspectors have turned the closure mechanism up to 11, rather than the fast-then-slow action that they are designed for. Also, if they are fire doors, they are common property so you shouldn’t touch them. Send a note to the strata committee asking them to investigate why the doors are so noisy, then do something about them.
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revisit it with them in a ‘line of line upon line, item by item’ approach and pushing each to completion slowly but surely so as not to overwhelm me, as much as them, to get things done as required.
That makes perfect sense too.
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What might be the way to get these things re-addressed, and what tone would be the way to approach that with?
I think the simplest way would be to submit a motion to the next BC committee meeting asking what has happened to each project, why it has stalled, what plans there might be to complete it and what the completion timetable is.
Failing that, an explanation of why it has been abandoned despite being approved by the majority of owners.
In other words, put the cat among the pigeons and see where the feathers fall.
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I think it is common these days for the applicant to turn up with a strata manager who is willing to take on the role. However, I have heard of a miscreant committee turning up with their own strata manager who got the gig instead. You can guess what happened next (even though the NCAT Member couldn’t see any problem).
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You’re right, strictly speaking. But the Owners Corporation has duties around the protection of residents and any owner or tenant could go to the Tribunal and claim (under section 232) that the OC had failed to protect owners from the effects of passive smoking by allowing smoking on common property.
The Tribunal could then order the OC to remedy this and the simplest way to do that would be for the OC to pass a by-law. There is no simple mechanism that I know of for ordering the passing of a by-law – but this may only strengthen your argument that failure to pass a standard by-law could lead to considerable legal expenses after which you’d have to do it anyway.
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Strictly speaking the OC can only pay funds for good or services that directly benefit the scheme. This excludes you from making political and charity donations, for instance. Just get the contractor to send you a bill for “service costs” and deal with it that way.
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