[kiwipaul]

Why don’t you get ahead of the game, submit a motion to the next GM proposing that these owners are given permission to park on the common property via a ordinary resolution (this only grants temp permission) when it gets voted down (assuming you have the numbers) then any decision by the EC is overridden as the OC decision has precedence.

[kiwipaul]

Thanks Whale I understand that better now.

According to the act: Section 65A

(4) A special resolution under this section that allows an owner of a lot to take action in relation to certain common property and provides that the ongoing maintenance of that common property after the action is taken is the responsibility of the owner has no effect unless:
(a) the owners corporation obtains the written consent of the owner to the making of a by-law to provide for the maintenance of the common property by the owner, and
(b) the owners corporation makes such a by-law.

So any ordinary resolution by the OC or EC is meaningless if it grants lot owners permission to change the common property and so the OC can ask the lot owner to return it to it’s original state. Surely this obligation would extent to a new owner as well (in dech case) as no permission was granted by the OC (just the EC) and the OC is only obliged to maintain the original structure (unless it properly authorized the change and accepted responsibility).

The only time the maintenance should fall on the OC would be if the lot owner had a SR passed but didn’t register a bylaw.

[kiwipaul]

As far as I can see one BIG problem in NSW is where EC grant permission to lot owners for changes to common property with just an ordinary resolution and NO conditions.

This well meaning strata can then find themselves liable for any ongoing maintenance to this alteration (which they assumed would be taken care of by the lot owner) because maintenance of common property defaults to the strata.

This is why a bylaw as suggested by Whale should be mandatory in every NSW Strata, in fact I would go as far as saying it should be included in the sample bylaws shown in the Strata Act.

 

[kiwipaul]

Totally agree with other posters.

Giving away common property (granting exclusive use) is giving away money that belongs to the strata.

If they want it make them pay for it. Having a parking space is worth lots of money depending on where the Strata is.

You might suggest they look at this to give them an indication of what you will be looking for

https://www.bbc.co.uk/news/world-us-canada-22910579

$560,000 was for 2 parking spots mind you.

 

[kiwipaul]

Here is a quote from Principles and provisions of Memorandum No AG600000 which is a standard ref for responsibility in NSW.

b. Fencing, if they are shown as a thin, dotted or no line on the strata plan then they are treated in accordance with the Dividing Fences Act, 1991 and are treated as follows.
i. Divides two lots. Cost apportioned between the two lot owners.
ii. Divides one lot from common property. Cost apportioned between the lot owner and the owners corporation.
iii. Divides one lot from an adjoining property outside the scheme. Cost apportioned between owners corporation and the adjoining property owner.

This is a standard def for fencing responsibility and I believe it applies throughout Oz (def applies in QLD).

 

[kiwipaul]

If the bylaw has not been registered it’s not valid and so no one has exclusive use of any of the storage areas and so their is nothing for the EC to do.

Strongly advise you DO NOT register the bylaw as exclusive use is for every and if in a few years you decide to do something else with the area just 1 owner could stop you by refusing to give up his exclusive use right.

Much better IMHO to pass an ordinary motion granting owners the right to use each storage area, then if situation changes only a simple majority is required to overturn the right. Conditions can be included in the motion ensuring the area is kept tidy and what is kept their (no petrol storage for example).

 

[kiwipaul]

@JimmyT said:

I’m just a wee bit concerned that “self elected” might mean that the EC members volunteered for vacancies and there were enough seats for everyone so there was no vote and therefore they weren’t ‘elected’. However, they would still be legitimate members of the EC. 

 

Good point Jimmy and if this is the case you have a legal EC and you will need a vote of 75% in favor (of those present or via proxy) to remove the current EC and get another one voted in. You’ve got a long way to go if you only have 38%.

[kiwipaul]

Strictly speaking as regards Chak 13 post if they weren’t elected by the OC they are not the committee and so their is no need to vote them out of office.

But if you have the numbers humor the SM just to get the EGM called and then you have a valid reason if things go pear shaped to contest the decision (to remove the current EC).

[kiwipaul]

Thanks for the info but

Declaration details
Bamboo is a not declared plant under the Land Protection (Pest and Stock Route Management) Act 2002; however, plants that are not declared under state legislation may have control requirements imposed by local governments.

and Brisbane haven’t imposed any removal requirements on it.

We are stuck with the Neighborhood Disputes Resolution Act 2012, which I believe is similar to CTTT.

But who takes the action against the neighbor the Strata (and bill the lot owner who would scream blue murder) or the lot owner (who is offsite as it’s investment property).

[kiwipaul]

From the legislation:

Part 4 Seal of owners corporation
237 Who may keep seal of owners corporation?
(1) If an owners corporation has only one owner, the seal of the owners corporation must be kept by the owner or by the strata managing agent of the owners corporation.
(2) If an owners corporation has 2 or more owners, the seal of the owners corporation must be kept:
(a) by an owner, or member of the executive committee, that the owners corporation determines is to keep the seal or, in the absence of a determination, by the secretary of the executive committee, or
(b) by the strata managing agent of the owners corporation.

As to who writes the letter, you decide it’s your decision (OC). You could even ask the broker to supply a suitable letter which you will get signed and sealed (make sure their are no unreasonable clauses in it).

Much safer to DIY.

[kiwipaul]

@Whale said:
Scotty’s advice about ensuring that your payment of Levy Contributions goes against that invoice and not towards the total (i.e.including the miscellaneous invoice) is also very relevant.
Good luck!

I totally agree with this sentiment.

I don’t agree with Whales claim that the alleged debt can prevent you from voting, but I cannot find anything to support my view OR Whales view and as was said the legislation is vague on the subject.

To my mind allowing a Strata to disallow voting on the unproven claim that a debt is owed is giving unscrupulous strata a way of manipulating voting to the detriment of ALL owners.

[kiwipaul]

The SM doesn’t have to organize (or attend) the EGM your Sec can do it themselves. So long as they comply with the requirements for an EGM eg invite motions from other owners, create agenda and send to all owners, compile the minutes after the EGM and the result of the voting, etc.

Once EGM is over and Sec have complied the minutes and sent to all owners, send copy to SM telling them to comply with motions that affect them.

Remember the SM is an employee of the strata and only has the powers that you give them.

 

[kiwipaul]

Broncos17 said 

The vote to remove current SM was 11-2, so I am wondering what we do now?  We know that we have done all of this correctly, so we wish to know is do we go ahead and notify the SM of the vote, even though the Keep Team have told us that the meeting is illegal and the vote doesn’t count.

Don’t tell the current SM anything, find another SM that you are happy with that is agreeable to take over from the current SM. Once you have found an alternative that is acceptable you will have to vote to accept this new SM (let the new SM organise the vote and let them inform the old SM once the vote has passed). Simple majority is required.

[kiwipaul]

If you are Sec you are perfectly entitled to organise the vote yourself, such that the returns are sent to yourself. Then just inform the SM of the result for strata records.

[kiwipaul]

I do believe you are in the wrong putting planters their, but also the SM should apply the rules equally to everyone, and not selectively.

I’d be inclined to photo the offending balconies stating that SM need to take action within 7 days, or you will resume putting your planters back outside.

Bear in mind generally the SM dosn’t make the decision the EC or OC do as the SM is really a Strata Administrator.

If you do get issued with a NTC your photos of others being allowed to ignore the rule might count on your behalf. I’m not sure if they can apply NTC selectively and get away with it.

[Author]

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