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Nothing will change without a little pain ( for both sides)
Someone has to take up the cause and if you feel so aggrieved, then let it be you.
I had a problem with strata manager and committee. It took me 3 years to firstly get on the committee, then agitate. In the agitation period I was the bad guy, until the committee saw they were being hood winked by the strata manager.
Then I became the good guy and the rest was easy
( we got a new strata manger person, but retained the same firm)
Dont give up and become apathetic like the current committee.
GailD
to understand where the money is spent you do need to examine the accounts.
Ive been a treasurer of a number of strata, and get lots of “ advice “ from owners that this or that expense is too high. I ask these owners to find cheaper services, which inevitably they decline to do.
It takes a lot of time to send out requests for tender, receive them and then examine them. Most strata managers and committees don’t have the time to do this.
The other item you need to look at is the capital works fund. Maybe the strata manager or the committee considered the fund to be under capitalised and decided to have catch up levies.
As an owner you have the right to examine all strata records. The cost is regulated and it’s about $35 for the first hour .
Also understand that the strata agreement pertains to the owners corporation so any charges under the contract are payable by the OC not the owner.
Since mediation was declined, just go straight to NCAT. The oc has an obligation to repair common property and as is usual if their is consequential damages they r prepare liable for it as well.
Dont worry what the outcome of the meeting is as a bore cannot a override the act.
Sounds like you have enough evidence to sway the tribunal
Just adding to my previous post. When enquiring I spoke to the chief parking infringement officer in the council. He was very helpful with suggestions how to relieve some of the parking problems, even to the extent of offering ( for free) traffic restriction signs.
I approached Sydney region local council seeking such an arrangement. They were happy to do it but at a cost of $20000 per annum. I can’t recall how fines were applied or how the fine revenue was split.
i figured that we would have had to have a massive parking problem for this to be cost effective.
It’s one of the anomalies of the complaint system that a lot owner can’t lodge a strata complaint naming the strata manger. Only the committee can be named.
Butbremember it’s ultimately the committee that directs the strata manager .
Whilstbthere are hopeless strata managers out there, there are equally hopeless committees.
Maybe the committee needs a nudge to get out of its comfort zone and look at selecting another strata manager.
I think enough time has expire for you to make an application to NCAT (or threaten to) under section 232(d)
The committee cant sit on their hands for ever.
It may be better to go to the tribunal in any case, as they can make orders which are enforceable (which a verbal agreement by the committee is not)
The orders specify what needs to be done and by when (but you have to provide the text for the orders, so a lawyer to help you draft this is useful, though the lawyer does not need to represent you at the tribunal)
. Can the OC approve the AC installation without the details I asked for? That is, on the basis of an informal email which lacks details I am seeking (see above);and
The answer is yes (IMHO) All the lot owner needs to do is to request a motion at a general meeting fro a special by law and a motion to install. The OC is obliged to arrange a arrange a meeting with these items on the agenda (But it can defer this till the next AGM)
I cant see a reason that the chairman can say that its in contravention of the act, which is the only reason the act allows a motion to be not voted on.
It depends on the attendance at your AGM as to what happens next. Many owners dont attend meetings and just vote for everything on the agenda.
You could amend the motion at the meeting to include all the items you ask for, but it needs to be reasonable (perhaps a list of what must be done rather than preconditions)
Or if there are enough owners in attendance the motion could be voted down after discussions.
Its good governance to have the strata manager and the committee look over these types of applications and advise the owner of any prerequirements. But dont be obstructive.
The last thing you want is to be taken to the tribunal and have the issue ruled against you.
In the specific case you have mentioned, common electricity cabling would NEVER be run through a lot owners property.
And the assessor is not looking how to wire it up. he is looking at the existing electrical infrastructure to determine what system can be installed.
Its up to the electricians to make it work (and they will)
Dear Paradise
before a compulsory strata manager is appointed , you have to prove your case.
I note in your question you mention a number of issues which seem to relate to the administration.
You would need to list every single indiscretion and prove that there was some maladministration. Hear say will not win the case.
And remember that just because you dont like the way things are done, does not make them illegal.
You would also need to provide evidence where you have pointed out this maladministration to the OC/committee/strata manager, and to have their responses (even non responses) Otherwise the tribunal will just tell you to sort it out, and if you cant sort it out come back another day.
I think your problem stems from a poorly worded by law. It’s seems that the bylaw was not drafted by a lawyer ( the language and form give it away).
I think that this forum will not be able to provide you with an answer as the bylaw contains some ambiguities in it. Ie firstly states that OC will pay insurance then owner will reimburse.
It’s a case that probably will end up in a court to have a judge provide their interpretation of what is meant. Now that probably will not suit anybody and the interpretation may be surprising.
It’s also goin to be hard to sort this out since it was so long ago. The players have probably moved on and the records lost.
I’d suggest that both parties start from a clean slate. Decide and agree what how the outbuilding is treated. Get a lawyer to draft a new bylaw ( and cancel the old by law).
As for how to treat your insurance claim today, the owner may have to pay up to get something done as the ambiguity of the bylaw means a long legal battle.Don’t believe that engaging a lawyer leads to court.
It was explained to me by a corporate lawyer that his job was to keep our company out of court. What he meant was that he would always try for a negotiated settlement before attempting litigation.
Do you want to be right or do you want to be happy?
Once litigation is involved the result is completely out of your hands.
Ive been involved , unfortunately, in too many legal disputes. But every time my lawyers have attempted a settlement ( in good faith) Sometimes the other party ( and I mean the people not the lawyers) are of a similar mind and negotiations are fruitful.
Thats the value of lawyers.
The first question is why are you being charged levies to themOC. I understand that under a commercial lease the tenant pays outgoings but I would argue that the lease paused whilst the renovations were going on.
The lease exists between you and the landlord.
You have probably decided to “ maintain “ the lease so you can trade in the same location when the renovations have resumed. That may have been a good thought at the time, but seems to have backfired for you.Your situation is not a strata matter, but related to commercial leases. I’d advise consulting a lawyer for the reason that it’s a complicated situation you are in.
Having been an executor twice in my life, I can sympathise with you.
Many instituitions don’t recognise that people die. It makes it extremely hard for the successors to then transact business on behalf of the deceased.
All I can advise you to do is obtain a copy of the death certificate and a copy of the probate . You’ll probably need both as originals and attested to as originals . With these you can approach the instituitions to have the executor added to the persons able to transact.
It’s not likely that anyone but the executor can be added as a transactor, but once thats done the executor can then transfer that right to someone else.
I wasted many hours navigating this path with many instituitions.