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@keith said:
Why not ring the agent and tell him nicely.
Generally the cost of removing the sign is greater then the value of the sign and the longer it stays in place the more free advertising the agent receives so he has no incentive to remove it, in fact he benefits the longer it stays their.
If the pergola is on common property (as opposed to lot property) it doesn’t belong to you and so the strata can remove it if an EC or AGM votes to do so by a simple majority vote. They can also charge you for any costs involved in removeing the pergola if you refuse.
Are you sure it is on common property, have a look at the plans for when you bought the property which should show lot property and common property.
Also check the bylaws to make sure their is not an exclusive use bylaw referring to the pergola.
@dan3101 said:
While I hope that the current EC will be able to do this I doubt they will so I will also include a motion at the AGM for the OC to request the Secretary to hold an EGM in the new year. This is a backup if for whatever reason the current EC are unable to nominate a new company at the 2014 AGM then this EGM will be held in February with the new EC to make the nomination.
Forget submitting a motion at the AGM for an EGM you have provided everyone with all the relevant data so just submit a motion to the AGM for the current SM to be terminated and for one of the 4 alternatives you have found to be selected at the AGM.
Not sure how you handle motions with alternatives in NSW but in QLD if the motion to terminate current SM is passed alll those who voted to terminate get to vote for one of the alternatives and the one with the most votes wins.
If the current EC do make a decision that can be brought up at the AGM with a recommendation of which quote to accept.
Check your current contract to see what is required to terminate current SM.
@bcr83 said:
I put some thought into it over the weekend and I will put forward a request to my SM to take this matter to the Tribunal.Your SM won’t take this to NCAT it’s not their job UNLESS they are requested to do so via a motion at a General Meeting and then they can charge the Strata all costs (can easily run into thousands for the time they spend on it).
Your only choice is to take it to NCAT yourself at a cost of approx $200 but a lot of your time.
Your chances of winning are 50 50 IMHO, but you really need a vote at a GM as PeterC says because if you take action against the EC for refusing your request the NCAT might just rule you need to have the issue voted at a GM before they will make an order.
The initial problem you had was owners trying to get the upgrade of the balcony passed as an ordinary resolution when it requires a special resolution (SR) but the Strata Manager (SM) now agrees it requires a SR and so in effect you have won.
The 54% of owners who support this upgrade cannot proceed without a SR and they don’t have the numbers for it.
As to the conciliation as they have 54% of the vote they can vote down any motion to go to conciliation I’m afraid.
You need to supply the SM with a letter signed by 25% of the owners stating that any upgrade to the rails he authorizes will be illegal and he (or whoever authorizes it) will be liable for any expenditure unless so approved by a SR.
Need more info
Who were the applicants (EC, OC individuals)
Who was the action taken against (EC, OC individuals)
If the EC weren’t the applicants or the respondents they cannot make the decision to not appear. Any decision of the OC overrides the decision of the EC.
The 2 EC members who are the applicants did they apply for mediation as individuals or did the EC apply.
If you can get 25% of the owners to request an EGM you can overturn any previous decision of the EC if you have a majority at the called EGM for any motions submitted.
@MyAimIsTrue said:
The particular gas cylinders are small enough to be carried inside the Units and stored in the bathrooms , where there is unlikely to be a fire , and if there was it would not spread inside a tiled bathroom , however we may have to obtain an enforceable Order to have the owners of the gas cylinders do that.
Must admit I would have thought it safer to leave gas cylinders outside a building rather than inside due to the risk of gas leaks. If the cylinder leaks inside the apartment the gas buildup could cause an explosion whereas if outside the gas would escape into the atmosphere and their would be less chance of an explosion.
If an owner wants to make changes to a utility (as opposed to repair a broken utility) service that only benefits him I’d say he has to pay the full amount.
Must admit I don’t know what a phone control box is as I’ve no idea where mine is and I don’t really care.
As it’s a 2 lot Strata assuming the entitlement is 50-50 unless your neighbor agrees to pay for the change in full you can deny his request.
Well if you can get 25% of the owners to support an EGM you can submit a motion for the tiles to be replaces which just requires a simple majority at the EGM.
The SM works for the OC and so cannot make any decisions so don’t blame them, but they should assist you in organizing an EGM explaining how to do it.
Once you can show the SM you have the support of 25% of the Strata get the SM to obtain quotes for the repair (or obtain them yourself) of ALL the broken tiles (so long as they are common property and sep individual quotes for any that belong to the lots) and have this included as a motion on the Agenda for the EGM.
@Kinkladze82 said:
This is perfectly within the EC’s rights and fair enough but my concern is that I am aware of other renovations by other residents that would also have likely required bylaws and I can not see any record of them, I do not think one rule for one and one for another is fair.
Thanks and please let me know if any further info is required. Ta.
That’s right the same rule must apply to everyone and to find out what Special bylaws have been approved you just need to go to the Lands dept of NSW gov and obtain a copy of the current bylaws for your complex. Cost about $20 and their should be bylaws referencing all the alterations done to date. If the bylaw is not registered it’s not valid.
The strata has 2 years to register any bylaw that has been passed by the OC otherwise it lapses, so if you have copies of the agenda’s of all general meeting for the last 2 years you will have a complete record.
The 10% late payment levy is mandatory in NSW unless a special resolution has been approved to forgo the penalty.
From the Strata Act
Interest and discounts on contributions
(1) Any contribution levied by an owners corporation becomes due and
payable to the owners corporation in accordance with the decision of the
owners corporation to make the levy.
(2) A contribution, if not paid at the end of one month after it becomes due
and payable, bears until paid simple interest at an annual rate of 10 per
cent or, if the regulations provide for another rate, that other rate.
(3) However, an owners corporation may by special resolution determine
(either generally or in a particular case) that a contribution is to bear no
interest.
(4) An owners corporation may, by special resolution, determine (either
generally or in a particular case) that a person may pay 10 per cent less
of a contribution levied if the person pays the contribution before the
date on which it becomes due and payable.I suggest you tell your SM to start implementing the penalty immediately on any current unpaid levy contributions. He should be also asked to provide a list of owners whose fees are overdue.
Ensuring levy payments are received is a basic function of a SM and if they cannot do this simple task you should consider changing SM’s.
You should also get the SM to send out to all owners a letter explaining the new system. Bare in mind any owners who are owing money to the Strata are ineligible to vote until the debit is cleared.
Not exactly what you are looking for but it’s free.
Try using the calendar in your mail, and if that works you can then create another account with Yahoo or Gmail solely for the Strata. These calendars can be shared with view or change permissions so that everyone can see what is scheduled but only those with permissions can make changes. Must admit you cannot store documents in the calendar but you could use the mail side of it to store documents their.
@inner city walker said:
As a tenant I feel powerless to do anything to amend the situation and we don’t even know what we might have done to cause anyone to target us in such a way. Does anyone know any recourse we can take to get this harassment to stop?
You can contact the rental tribunal because your tenancy agreement states:
Tenant’s right to quiet enjoyment
14. The landlord agrees:
14.1 that the tenant will have quiet enjoyment of the residential premises without interruption by the landlord or any person claiming by, through or under the landlord or having superior title to that of the landlord (such as a head landlord),Whether that covers the EC I’m not sure. Alternatively you can take the EC to NCAT under the Strata act, problem is I cannot find a valid clause you could use it must be to do with causing you unnecessary grief and denying you quiet enjoyment of the lot. Maybe someone else can find the relevant part. Have a look at your bylaws their night be something their if they are not the default ones.
BUT Take lots of photos of other breaking the bylaws that you are accused of such that is they take action against you you can show discrimination (use the date stamp feature of the camera).
@alinka said:
Also they forced at the AGM through the poll voting the EGM minutes to be altered to “change of the balustrades is not a repair (as they were claiming before) but a maintenance as it doesn’t meet the requirement of the current BCA”.
AlinkaYou can pass any motion you like at an AGM that black is white but it doesn’t change the fact that black is still black. Clearly upgrading the balustrades is an upgrade not a repair and a motion cannot change that and so it requires a 75% vote in favor at a GM.
Get a letter written stating clearly the upgrade needs a Special Resolution to proceed and get it signed by all those opposed (at least 25%). Also state in the letter that any spending to upgrade the balustrade without a Special Resolution the person that authorizes that spending will be considered liable for the full cost of said upgrade.
Give a copy of said signed letter to the Sec and the SM. You can also state in the letter that if necessary you and your colleagues will take action at NCAT to recovery this money if they proceed anyway.
As to the legal cost I think you are stuffed because it just requires a simple majority which they have.
Assuming their is no Special Bylaw relating to these screen doors then if you inherited them when you bought the lot the responsibility for the doors has transferred to the EC and they are perfectly within their rights to remove and dispose of said doors.
The safest solution is to remove the door yourself and reattach when the fire doors have been replaced.
If you had installed them yourself you would remain responsible for the screens and be liable for any costs incurred by the EC for removing them to comply with the fire regs.