[justsaying]

I require a by law because I installed tiling in a courtyard in frustration after asking for repairs for 18 months. I removed pavers and replaced with tiles. No other area was touched. I supplied all of the contractors details and an engineers report stating the work met standards. Now I have been advised I am required to get a plumbers and building certification and I am required to get a solicitor to draw up the bylaw and to pay for OC solicitor to approve the by law. I am fine to produce a by law for GM however it’s a bit rich to ask one lot owner when a number of other owners have tiled their courtyards without incidence in this scheme…. Thanks for any help in advance

[justsaying]

Thanks very much that is very clear , glad I asked  for clarification lol

[justsaying]

Thanks very much whale, that’s exactly what I need to know. So I’m clear,expenditure <30k needs to meet complicance of the act. Over 30> has to go to GM? Will this stop consultants fees without approval? It seems owners are uncertain about general expenditure if a budget is submitted, it’s the lack of specific items that appear to come in under the radar! 

Its unfortunate that my scheme has a group of volunteers on the EC who make no effort to understand the Act and simply plough on making decisions without general resolutions. One even told me” I don’t worry about building changes by owners, I just want to enjoy living here ! “

Hopefully new owners at the AGM will bring experience with strata living. 

[justsaying]

Hi I live in NSW and require a by law for outdoor tiling to a courtyard.. can anyone help with a sample of what is required please?

[justsaying]

An update on my question. I asked for a item to be placed on the next ECM. The Secretary has refused my request. It seems we have one person on the EC in breach of bylaws and despite requests to remove material has refused. On the bright side one other EC found to be in breach fell on his sword and resigned. 

This is the first time I am aware of any owner being denied the right to ask for an agenda item in this scheme. It seems special privilege exists within this EC !!

I have contacted the SMMA Management, no reply as yet.

What can I do to push this forward?

thanks 

[justsaying]

Thanks Jimmy, I also looked at OCN website for more info… very good and with references.

[justsaying]

Thanks Whale for your advice always clear and concise. Thats exactly my reading and it amongst a number of other discrepancies will be taken to the next AGM!

[justsaying]

regarding the appointment of a  new building manager I am familiar with tenders being sort and owners approval at a general meeting. Recently a AGM was held with no agenda item to replace the current building manager. One month later a new building manager appeared with increased hours and obviously at an increased rate.

Is this correct procedure? Advice appreciated thanks

[justsaying]

I should qualify my last post.Owners approved the upgrade of colour scheme to the external building alone several years ago at the AGM.. The approval was not  extended to the internal foyers at that time .

my issue remains that the EC without consultation decided to choose another colour scheme that is not consistent with the new colour palette. ECM minutes do not mention that the scheme would have a change so resident  owners / investor owners have no knowledge of this change. Some residents got a note under the door advising of the change and how to lodge an objection. Objections were lodged and this was dismissed without any reply stating the reason the work was to proceed.

i hope this note is clearer about the way we owners feel about works without authority

[justsaying]

Thanks jimmy for your response. at the AGM no agenda item at all, just a budget line for carpets, painting etc. no other mention has been minuted about change of colour scheme . While I understand your comments, it seems odd that an EC can make a decision to change a complete colour scheme, when the EC several years ago was advised that owners needed to get general resolution to make these changes. this was duly done and presented for approval. I understand that paint colour is subjective,however when the rest of the scheme has been upgraded to a more modern palette then surely some consultation with owners would have been more democratic ?

The law states the EC can only repair and maintain. Clearly this is subject to interpretation !! 

it seems that owners have no security about their property and the law  if these cowboys ultimately make decisions without general resolution. 

Thank you for the opportunity to discuss issues in this forum, together with other owners we plan to submit a number of items for the next general meeting, as well as suggesting some type of financial restrictions !

[justsaying]

Would someone answer my question about the painting of the external foyers, please. To recap, general approval was obtained some years ago to repaint the external areas in a new colour scheme… presented via PowerPoint at AGM, the internal foyers was not part of the proposal. 

This year without consultation a new colour scheme has been painted on this area… 8 foyers. The EC received objections ..the SM advised the EC has the right to change the colour scheme? I understood that general resolution was required? 

I would really appreciate some advice, I live in nsw thank you very much

[justsaying]

Hi everyone following my first post I took advice and asked for an interim order to stop the unauthorised work by the EC. This was rejected BECAUSE. No financial restriction was placed at the AGM… Memo to all! 

This week I went to mediation. No ECM appeared they were represented by the strata manager. In the discussion I pointed out that I understood as part of the Act, changes to common areas needed to be approved at a general meeting. SM advised that the EC as part of their role can make changes to the existing colour scheme because the paint was there not an addition? Some years ago we took the change to the paint scheme to a AGM gave a powerpoint presentation with options etc and got approval. Is this not necessary? 

What is occurring now, is a new colour scheme, different to the approved external colour scheme, with no link to the upgraded colour scheme. 

I requested all of the unauthorised work is taken to a general meeting, all but the paintwork was agreed. The comment from SM “put five solicitors in a room and all will disagree with this section of the Act”.

What chance does an owner have to understand the Act.

advice please on the best way to put a motion regarding reasonable restrictions and to make sure work is undertaken in the correct manner

thank you

[justsaying]

To clarify my question. It is relating to the issue of the EC making a decision to change the colour of the internal walls of the scheme and so on. The budget on the AGM stated ” painting of foyers”. No mention of changes to the scheme. I raised the question at the AGM of changes in relation to some items and was told it was maintenance . The adjudicator dismiss the application because there was no financial restriction therefore the EC has the authority to make changes? Interestingly enough the SM advised me the EC were in breach of the Act and a EGM meeting will be held to ratify the works… After the horse has bolted! 

I agree with previous comments, one needs a deep pocket to take issues on, we are not lawyers, and when large levies are already paid why should owners have to tolerate a small group who make decisions without consultation.

So do we insist the budget is completely detailed regarding any major works at AGM? Would this stop the problems! I agree that one does not want to continue having general meetings so work can continue.

thanks for your valuable advice and discussion about the real grass roots problems affecting owners

[justsaying]

Could anyone advise what financial restrictions they place on the EC to safeguard unauthorised work in a 100+ scheme, please? Can this item be put in a EGM?

thanks very much

[justsaying]

This is a most interesting discussion. I too have been issued with a notice to comply. After 18th months of asking for repairs ( during which I was requested by BM to provide a quote, ) I got the work carried out. I live in a strata where numerous owners have carried out work without any issue. I did speak at the ECM and raised all the issues…. Blank looks in return!  a number of owners were at the meeting and other owners have contacted me with similar complaints. I intend taking it to OFT  to bring out in the open the way the scheme is being managed and the discrimination against owners who dare to ask for repairs. As a sideline, it appears owners feel very intimidated by the OFT process. It is time consuming and one is treated poorly  if a submission misses on a point of law. We are not solicitors and there should be legal advice provided by the government to hasten and ensure the process is fair to all parties. My strata employs a solicitor to deal with issues leaving owners very disadvantaged.  Perhaps this forum could focus on driving a change of policy?

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