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According to the Vcat Act
78 Can a general meeting proceed even without a quorum?
(1) Subject to subsection (4), if there is not a quorum, the general meeting may proceed but all resolutions are interim resolutions.
(2) Notice of all interim resolutions and the minutes of the meeting at which the interim resolution is made must be forwarded to all lot owners within 14 days of the meeting.
(3) The minutes must be accompanied by a notice setting out the effect of subsection (4).So if just the 2 of you show up at the AGM you hold the meeting and vote on the motions, the results are only interim untill 29 days have passed and a futher meeting has not been held. If a futher meeting has not been held your AGM motions become valid and you can organise the Strata based on them.
So any motion to increase the sinking fund and admin funds or to approve repairs or maintenance that were approved at the origional AGM can now be actioned.
Don’t blame the SM as he is more correctly a Strata Administator as he can make no decisions without the permission of the EC or OC.
You can only take action if the EC breaches the Act or bylaw and what you consider inappropite might not seen so to other owners.
If the EC is maintaining EC owners property but not others this would clearly be illegal and give you grounds to take it to CTTT.
@just get on with it said:
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Internal paintwork will also not be covered by the building insurance.
Both items should be covered by your contents insurance though.
Yes you are right about the paint it’s a unique feature that only applies in NSW but check your PDS
Optional benefi t (NSW only)
Optional Benefit 1 is operative when shown as ‘selected’ on the Schedule.
Lot/Unit wall coverings When Your Sum Insured under Policy 1 is not otherwise expended in respect of any one Event We will pay for the cost of repainting or re-wallpapering the internal walls or ceilings of a Lot/Unit at Your Situation if they are damaged by an Event claimable under Policy 1.I don’t believe the contents policy will cover the repainting so it might fall on the o/c because it’s def common property.
The only option that I can see is if you take action against the person who approved the payment (Sec??) at CTTT to obtain an Adjudication ruling against them for misuse of strata funds.
Once you obtain the ruling your Strata Office Bearers Liability Insurance should cover you to revover the money from them. The Insurance firm might go after the sec to recover the funds from him, but that would not be your problem.
I cannot see the designer or SM being liable at all.
Yes the damage to the ceiling would be covered by the Strata insurance
BUT carpets are not covered by the building insurance and so for these you would have to claim on your contents insurance.
HOWEVER as the carpets were damaged due to the roof leaking (which is Strata reasponsibility) their is a grey area I’m not too sure about.
If the water had damaged the fitted kitchen for instance the strata insurance would have covered that, because it is covered by the strata policy.
I totally agree with Jimmy’s comments it is a fair and eqitable soloution to the situation. Remember we are not talking about a meeting of the UN to make world changeing decisions we are talking about a meeting of owners to decide on what happens to their strata over the next 12 months.
It’s basically what would happen in QLD in the same situation and it gives those people who did the right thing and showed up at the origional meeting a chance to record their views without having to attend yet another meeting in 7 days time.
It may not be strictly legal but I believe as Jimmy does that common sence should prevail if it ever got taken to CTTT.
@scotlandx said:
The law is that where proxies are required to be lodged before the time of a meeting, further proxies can’t be lodged after an adjournment of the meeting and prior to the adjourned meeting. (this is settled law) Any proxies put in after the adjournment are not valid.So you either turn up at the adjourned meeting and vote, or nothing.
This seems an incredible stupid rule because the people who did the right thing and turned up to the origional meeting are now disenfranchised unless they turn up for the adjourned meeting. They cannot lodge a proxy or have their say unless they go to the adjourned meeting.
Can you blame people for not attending AGM’s if they have to put up with this sort of stupidity.
@JimmyT said:
In very simple logical terms, if the OC’s insurance covers most of the claim then the OC is responsible for the excess.I’m afraid I agree with Kangaroo here Jimmy.
The Strata insurance covers the rebuilding cost of the whole lot common and lot property and so just because the insurance accepts reasponsibility dosn’t mean that it’s Strata reasponsibility to cover the excess.
Whether the splashback is o/c reasponsibility is a moot point but I would agree with the SM origional decision. Why should the O/C have to pick up the excess for every minor damage caused within the lot. I tend to belive residents should accept reasponsibility for their own actions and not expect others (O/C) to fix every small problem they have.
Why should owners who are carefull and respectfull of the property have to subsidise owners who don’t give a dam and expect the O/C to pay for everything.
The QLD act covers this situation fairly IMHO
3) For an event affecting only 1 lot, the owner of the lot is liable to pay the excess unless the body corporate decides it is unreasonable in all the circumstances for the owner to bear the liability.
Not too familiar with Victoria Strata law but it is a pretty safe bet that the exterior of a tower block is common property.
You keep refering to the BC but the BC IS the owners and so if the BC gave approval it means the owners gave approval. You need to be clearer about exactly who gave approval (was it the chairman or committee??)
@considerate band fair said:
I imagine there would be a time as in days where visitor turns into resident parking? My dad usually stays overnight but has been known to stay up to 3 days!!!!!!!!!!!!!!!
F
When does a visitor become a resident I’d like to know the ans to that one too.
In QLD a visitor is defined as someone who primary purpose is to visit the Resident and if he is only visiting because he is working or studying locally then they are not entitled to use the visitor parking.
What about a boyfriend / girlfriend staying overnight if it is a one off fine but it becomes more often than not are they still considered visitors???
The SM works for the OC and if he refuses a valid request of the EC or OC he is in breach of his contract and so you are entitled to terminate his contract and pass the running of the Strata to a different SM.
As to the NTC the EC can issue it (the secretary) once a motion to do so has been passed by the EC (this is a requirement before the SM can issue a NTC unless he has been previously authorized to do so buy a motion of the EC or OC).
All the powers that a SM has is also available to the EC and OC if they wish to use it.
@just get on with it said:
Any proxies given to the strata manager after the scheduled start of the original AGM should be considered invalid as they should be received by the secretary prior to the meeting date/time (and at least 24 hours before for a large strata scheme).
But the proxies aren’t for that meeting they are for the adjourned meeting that will take place in 7 days time, and then the SM can hold the meeting because he has all the proxies from the people at the first meeting.
Seems to me a sensible soloution otherwise everyone has to turn up again for the rescheduled meeting.
If these proxies weren’t allowed just 1 owner could turn up at the adjourned meeting and decide every motion based on his vote which would be totally unfair.
Get the committee to issue them with a NTC as their must be a bylaw that says you cannot use common property without permission. Also turn off the power at the switchboard to these common rooms so they can nolonger steal your power.
If it is common property you have just as much right to access it as the Pizza owner so go poke around in their when he is their and them ask him to provided a copy of his retntal agreement for the common property or exclusive use bylaw.
Alot of SM use an online service to keep a record of the accounts. The 2 SM we have used gave all owners a login and password to Stratamax so we can login and view the accounts on a live basic.
I generally check the account once a month to make sure nothing untoward is going on.
Ask your SM whether they have the same service.
If money was misappropiate by anyone and you can prove it you have a claim under your Strata Insurance Policy
Policy 5 – Fidelity guarantee
What we insure
We will, up to the Sum Insured stated on the Schedule, indemnify You in respect of:
fraudulent misappropriation of Your funds committed during the Period of Insurance.From the CHU PDS so check you own Strata policy and lodge a claim.