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@Cosmo said:
Strata Mangers are required to inform of any commission they receive and that is usually done as an addendum to the management agreement they enter with the OC. From what we saw the ‘level’ of commission is negotiated between an Insurance Company and the Strata Manager, usually it is between 15% and 20%.
Beware here because our Strata Manager keeps claiming that they receive no commission from the insurance supplier (they even state it on their AGM agenda).
But I’ve since discovered that some agents don’t charge commissions they charge Broker and admin fee instead and so by claiming they don’t charge commissions they might be correct, but are they charging this fee instead. Are they required to declare if they receive fee’s instead of commission.??
Awaiting a suitable time to challenge our SM about this.
Hi Jimmy
I’d better make sure my brain is engaged next time before I start letting my fingers do the shouting.
I didn’t read OP closely enough.
Yes Whale I agree with what you say.
BUT
I have grave doubts about the moral legality of an EC overturning a motion passed BY the OC (at last AGM say). I have no problem with the EC overturning one of it’s own motions.
Allowing EC to oveturn AGM motions immediately after the AGM is total misuse of power.
Allowing an OC motion to be overturned by the EC after a few years is ok or after a significent change in circumstance.
It seems the adjudicators in NSW aren’t as hard line as those in QLD regarding visitor parking spots (searching the online rulings). They seem to allow you to vote to let residents use the Visitor Parking Bays providing you obtain permission from the EC or OC.
Quote from a ref adjudicators ruling in QLD
While it may be true that the visitor car spaces may be vacant much, or most, of the time, these are designated visitor spaces required by the local government, the Gold Coast City Council, to be used for visitor’s parking. These spaces are a universal local government requirement for the registration of a community titles scheme, and remain a continuing requirement of the scheme. Even if the body corporate wanted to use these spaces for resident parking, or some other purpose, it is not able to do so…There is no question of the respondent, or any person other than a genuine visitor, being allowed to park in the designated visitor car spaces.”
In QLD their is no question of it being something the OC or EC can decide, they have to get the approval of the council to release the visitor parking bays for other use (unlikely IMHO). Most people in QLD seem to think that OC or EC can approve this but in reality they cannot.
If you let residents use the visitor parking bays it becomes a free for all to the detriment of ALL residents.
From my understanding your strata is stuffed as the origional owner who made the illegal change has gone and now the reasponsibility for removed wall falls on the Strata not the new owner.
One soloution would be to approach the owner asking him to accept reasponsibility for the alteration (and add a bylaw stating that) or the strata will return the units to their origional config ie rebuild the wall at stratas cost.
He might accept the status quo by accepting reasponsibilty for the alteration if he wants to keep it as a single appartment.
BUT has the removed wall affected the structual integraty of the strata building.
They should supply you with replacement keys on a 1 for one basis so long as all your old keys were supplied by the Strata and you paid for them.
Or refund you the $50 for any keys you hand in over the 2 they are supplying as replacements.
The fenceing acts is the same throughout Oz as far as I know.
SUMMARY FOR FENCES
- A boundary fence between a lot and an adjoining property is shared equally between the body corporate and the adjoining property owner.
- A dividing fence between two lots is shared equally between the lot owners.
- A dividing fence between a lot and the common property is shared equally between the owner of the lot and the body corporate.
This is the legal rule but as Whale says you can come to whatever arrangement you like agreeable to all parties.
@Willie said:
How do you go about finding what By-Laws are in place your particular Strata Plan?Is the Strata Manager required to maintain a readily accessible list?
Yes the SM will have a copy but is it the latest copy and do you trust your SM. The safest way is to obtain a copy from the state gov dept as bylaws aren’t valid until they have been registered. I think a copy cost $13.
See here
https://rgdirections.lpi.nsw.gov.au/faqs/strata_scheme/new_bylaw_strata_scheme
I’ve also since learned that the cost to register new bylaws in NSW is $102 (although if you require someone to create a new bylaw for you that would be extra cost). I have seen on this forum some SM charge $2,000 for this service so don’t get ripped off
@JimmyT said:
It doesn’t make any difference if there were changes made to common property or changes that were made impacted on common property – if the person who made the changes is no longer in the building and there is no special resolution or written contract passing responsibility to the next owner, then the Owners Corp is ultimately responsible – for the simple reason that someone has to be.
Totally agree but consider it an open invitation for unscrupulous owner to do alterations without approval and then down the line when something goes wrong expect the OC to pick up the bill. I cannot imagine a rule so designed to disadvantage the honest owner and so encourage the cheats that when I first read about it I just didn’t believe it ( I regret to say I now do believe it and have sympathy for owners who get lumbered with unexpected costs over which they have no control).
At least in QLD alterations are the owners problem unless their is a clause in the bylaws saying otherwise. The direct opposite of NSW.
From what I’ve previously read on this site and my own investigation, the roof space and ceiling are common property and so not your responsibility. As these were installed without permission (and no associated bylaw allocating whose responsibility maintenance is) it is the OC responsibility to comply with the fire regs and so it is up to them to make them safe.
They cannot just rip them out but they can restore the lighting (and plumbing) to it’s original state so that the property is still liveable. Maybe you could negotiate a compromise regarding costs that you will contribute to the work if you can have a say in the outcome.
BUT you would then have to register a new bylaw regarding these alteration and accept responsibility for it’s maintenance. Previous posters have indicated this could cost YOU $2,000 which to me is ludicrous but that’s the rules as I understand them.
@den19dy said:
Thanks Jimmy,The question is can a by-law overide the need to serve notices in accordance the act
The act allows for emails to be used provided the owner supplies their email add, so I don’t see why a bylaw is required.
Those people who don’t supply an email must have the documents sent by regular mail (a bylaw I don’t believe would be able to change this).
Receiving documents by email is so much more convenient and you can distribute much more information and have a discussion without even meeting.The downside is that those not on email miss out but as 90% of people now use email I believe the 10% not on email have to accept they are going to be disadvantaged unless they embrace the new technology.
@FlatChatFan said:
gusmich,Wouldn’t you want to know the extent of any asbestos around where you live?
But it is up to the owners to decide on any inspection that are required, NOT for the SM to take it upon himself to decide something needs doing without the approval of the majority of the owners.
Tell your SM to go ahead and get a report done but he pays for it himself as it NOT been authorized by the Strata. Make sure their is no nasty condition in your Strata agreement with your SM that he can authorize any work he thinks is required (without your ok).
Yes and I agree with you most small complexes are excluded from the WHS requirements, and our SM keeps trying to get us to pay for a needless report as well.
I find it ridiculous that the EC is reasponsible for unapproved (or even unknown alterations) as it just encoureges people to make alteration without approval knowing that if anything goes wrong the EC pick up the bill.
OP I’d be inclined for the EC to remove the downlights and restore unit to it’s origional lighting configuration to deter this happening again.
What about passing a bylaws stateing ALL alterations done without EC approval will be removed at owners the expence unless ower accepts reasponsibility for the maintenance of said alteration. Surely if you can put limits on one item (downlights) why not put limits on ALL alterations.
I’m no expert but to do this yourself is asking for trouble down the line (unless you are familiar with the terminology). You need a belt an braces agreement that cannot be challenged by a subsequent owner when their roof collapses and asks you to pay half.
You need to give a strata expert your ideas and he then turns it into a bylaw that is enforceable subsequently. I’m all in favor of DIY generally but this is not just an a/c fitted to a wall, it’s the future maintenance of 2 million $ properties and a little spending now could save a fortune later IMHO.
Here is the NSW web site
https://www.fairtrading.nsw.gov.au/Tenants_and_home_owners/Strata_schemes.html
@fight4justice said:
I am living on the ground floor in a very old 45 year old walk up unit. I have two puzzles as follows:(1) Responsibility for maintaining the dividing fence in the back yard to which I have exclusive use
Generally speaking this rule applies:
The dividing fence between two courtyards is the responsibility of the owner on each side of the fence. If the fence separates the lot from common property then it is the responsibility of the owner of the lot and the Owners Corporation jointly
You say you have exclusive use of the area, does the bylaw that gives you exclusive use also contain a clause stating that the OC retains responsibility for maintenance of this exclusive use area, if so it’s OC responsibility.
OR is their a general statement covering ALL the common area, if so by being given exclusive use of your courtyard YOU have accepted responsibility for the maintenance of it.