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Have all owners requested a copy of Strata Committee Minutes?
I found out by reading the Strata Committee Minutes following the May AGM that following the introduction of the new strata laws that all owners would now have to request them from the strata manager, in writing, if they want to receive Strata Committee Minutes.
It was not mentioned at the AGM by any of the Strata Committee and no information was provided in the Strata Committee Meeting Notice.
In the EC Minutes, following the AGM is was stated – 6.11 Distribution of Strata Committee Meeting Minutes – Any owner wishing copies of minutes of the strata Committee Meetings need to request this in writing from the Managing Agent within 7 days of the meeting being completed. It is not automatically sent to all owners as minutes are for General Meetings’
As I live in a complex of over 200 units I was concerned that many owners would not know about this requirement and I wrote to the strata manager and was alarmed to find out that less than 10 owners have asked to receive the Strata Committee Minutes. I have asked the Strata Committee Committee to publicize this requirement to all owners as I am sure many owners do not know about this change and it will impact on the accountability and transparency of the Strata Committee.
Dear Strata Guru
In relation to the ‘written consent’ and a ‘Special By Law’, what happens when an owner sells their lot (no longer an owner) and is continuing to operate a business on common property that was allowed following the passing of a ‘Special By Law’ 5 years ago when they were on the Executive Committee and an owner?
Can this Special By Law be repealed without the consent of that former owner or without the consent by the business (husband & wife partnership) that they are continuing to operate on common property?
They pay no rent, electricity or water charges, these are all paid by the Owners Corporation. They do however pay for the gas usage.
At the next AGM later this month the repeal of this by-law will discussed and voted on by the owners.
Any assistance on this matter would be appreciated.
Thank you.
I have written to the Executive Committee and asked that they discuss this with the Executive Committee member who operates the laundries business on common property.
I have asked that they discuss the change of by-law to include payment for electricity and water.Other owners have expressed the same sentiment on this matter.
Our Owners Corporation of over 200 owners is well run and I expect the Executive Committee will exercise their duty of care.
I will keep you informed as this matter progresses.
How do you repeal a by-law that you feel is unfair?
An Executive Committee member runs a laundry business from the 3 common laundries (200+ units). A by-law was passed in 2010 allowing the Executive Committee member (they were also a lot owner) to operate the business, following paying for renovations to the laundries by them, and they would not have to pay for electricity, water, cleaning, insurance. They do pay for the gas for the dryers.
The previous operator paid for electricity and water.
The Owners Corporation receives no rental or other income from the operations of the laundry business run by the Executive Committee member.
Proxies were used to pass the by-law at the AGM in 2010
The by-law allowed for a ‘review’ after 5 years and the Committee member has advised that they will exercise an ‘option’ to continue for another 5 years.
Although it has been suggested, the Executive Committee has not sought legal advice on this matter.
We, the owners, are now in a position where we are stuck with paying for electricity, water, cleaning, and insurance for another five years from our levies and cannot seek competitive tenders for the use of the common property laundries to operate a business.
Any suggestions for a motion that can be placed on the AGM Notice for the meeting that will be held in the next few months?
Security access devices (swipes,garage remotes, keys, fobs etc ) are sometimes lost or damaged by the user who has exclusive use of that device to access their lot.
When a security access system is installed in a new or upgraded building usually all security devices are issued at no cost to the individual lot owner and are paid for initially by the Owners Corporation.
Before implementing a security access system the Owners Corporation should decide on the cost of devices for owners wanting spare or additional devices and who should pay for the replacement when they re lost or damaged. Seldom do they go faulty after being issued.
Lost devices are a serious matter for building security and can be difficult to identify the user code (when several devices are issued to the one lot owner) and de-activate on the security access software.
Some Owners Corporations charge over $120 for each security device and this can act an incentive for users to look after them.
Passed by Special Resolution – Restriction on re-publishing of Information. A by law was passed at the recent AGM restricting the republication of the scheme’s information, other than on a secure website maintained by the scheme’s strata managing agent. See earlier postings below and http://www.facebook.com/coryulegardens
The outcome: Motion was defeated at the AGM and the secretary did not stand for the position again but remained on the Executive Committee.Earlier Post – Thank you. Today I have emailed the Strata Manager, addressed to the Executive Committee of the Owners Corporation, asking that on the next Annual General Meeting Notice that the following item be included: That the Executive Committee Meeting Minutes be approved by all members of the Executive Committee before being distributed to owners. The next AGM is planned for May 2014 and I will let you know the outcome.
Contact your strata management company and request a meeting of the Executive Committee and place on the agenda that a ‘Notice to Comply’ to be issued by the strata manager to the owner of this lot requesting that they re-instate the common property, that they have altered without permission of the Owners Corporation, to the existing colour scheme of the rest of the building. Specify the time frame for the restoration.
Arrange a search of the owners corporations records and in particular the Minute books which should contain decisions made by the Executive Committee and owners at General Meetings. Beware that the ‘by-law’ mentioned may not have been registered by then strata management company at that time.
You can also request a full copy of the by-laws from the NSW Land and Property.
The Executive Committee
has put the by-law on social media on the AGM Notice – you can view it at http://www.facebook.com/coryulegardens.Anyone wanting a community page on the web should take note.
Comments and suggestions and debate welcome.
As an owner you can lodge a claim directly with the insurer. Request a claim form from the insurer, complete it and send it to the insurer. An owner does not need the permission of the strata manager, Executive Committee or the Owners Corporation to lodge a claim. A conflict of interest is usually commercial in nature, and the Executive Committee should decide, not the Chairman, if a member of the Executive Committee should leave the meeting while the matter is decided. As an Executive Committee member you could move a motion that the Executive Committee vote on whether a person with a perceived interest remain or leave while the matter decided.It the Chairman then decides to adjourn the meeting this should also be by way of vote by the Executive Committee.
And training may help here, and Strata Community Australia provides a free online course on Executive Committee Governance providing participants with basic knowledge about Executive Committee membership in a strata plan.The course covers:
- governance and ethics
- roles and responsibilities
- strata plan interpretation
- administrative matters
- communications.
Go to the Strata Communities website http://www.nsw.stratacommunity.org.au for more information and to access the course and other resources.
The Executive Committee has engaged a strata law firm to draft a by-law to ‘protect the sovereignty of the Schemes information from reproduction’. This is planned to go before the next AGM in May 2014.Can a by-law really stop Meeting Notices and Minutes from being uploaded by owners to a community page?
Our community page at http://www.facebook.com/coryulegardens has been welcomed by residents and we are at a loss to understand why the Executive Committee is pursuing this costly action when we have not received one request to remove any information and we have never had to delete a posting.
Seek legal or reliable advice on who pays for the new fire safety works, and if required, request an Extraordinary General Meeting so that all owners can discuss and decide on the liability for payment.
Consider also that the Fire Safety Inspection certifier must be satisfied that the fire safety work undertaken in previous years by some owners meets current standards for issuing the Annual Fire Safety Statement to Council.