[Tony Montana]

hi, am in Victoria rather than NSW. Its a case of an unhelpful Manager not providing formally requested records such as Minutes of meetings.  A complaint has been made to the Manager and Committee (which is the process in Victoria), but there doesn’t seem to be anything in the Victorian Owners Corporation Act to compel a Committee or Manager to provide the requested records eg a decision can even be made to ‘do nothing’ after a formal complaint. It seems quite a jump to go to VCAT (NCAT equivalent)…but I have doubts that mediation will achieve anything. Does anyone have any advice thanks?
Tony

[Tony Montana]

hello, OP here again.

to provide further details, if the Maintenance Plan was passed by a General resolution at the AGM, is the Committee obligated to follow it?

as we have quite a detailed Maintenance Plan, ie item by item..?

 

[Tony Montana]

Oh, OK

Its just that a previous Manager said that having been approved at an AGM, then any changes would require AGM approval..?

Tony

[Tony Montana]

updating this … the legislation allows for the holding of > 5% of proxies if the proxy is ‘Prescribed’…

I presume this means if the Proxy specifies what/how to vote on?

Would Prescribed proxies then count towards a quorum?

Thanks

Tony

[Tony Montana]

Thanks…

[Tony Montana]

Yes it is

Sorry I’d thought that was included in the Topic

[Tony Montana]

Thanks, that all makes sense.
OC Rule 7(d) indicates that the “Owners Corporation” must provide written consent before any structure is added to the Balcony.

The Manager’s advice is that:
“As noted in the OC rules an owner must not except with the permission of the OC install any fittings / fixtures etc.”
“The committee have all delegated powers of the OC, save for the power of a special or unanimous resolution and are able to review and provide consent.”
“While consent cannot be unreasonably withheld, the committee may have a say in what the finished product looks like to ensure uniformity and the appearance of the building is maintained.”

So as you say, we need to ask the Manager for “the resolution of the OC delegating the power, either generally or specifically, to the Committee” in respect of Balcony screens.
Thanks
Tony

 

[Tony Montana]

thanks again

really enjoy your AFR contribs too!

Tony

[Tony Montana]

Just updating this, after having spoken to the distributor’s head office.

They were quite coy about putting any figure on the longevity or otherwise, of their stackers, mainly because it depends so much on maintenance, usage and the environment the stackers are in eg are you located by the sea? has there been flooding/water leaks? They did advise that you’ll start to know within 5 years when a stacker becomes uneconomic to continue to be maintained. So obviously its an exercise in future planning re ensuring there are sufficient funds when needed ie $24,000 plus an amount for removal less whatever has been saved n the maintenance (sinking) fund

Tony

[Tony Montana]

Thanks Jimmy
I just had a chat to the [stacker company] rep, who suggested the need for a complete refurbishment after 15 years would be quite low. He couldn’t nominate the expected life of a system, as it depends on so many factors, but suggested having an inspection after 10 to 12 years. This is apart from the electronic side of things, which may have a shorter life cycle. However he had only been in the job for 2 years, and was from a crane background. He works on $24,000 per stacker park for costing estimates, plus there would be a tear down/removal fee.

Tony

 

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