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The Commissioner is to name the gold star developers. I wonder if one of the scores is about the behaviour of the developer if she/he stays involved after the build and if a large number of items were purchased cheaply and need to be replaced before 8 years were up eg garage security gates, intercom system, tank water pumps etc. I wonder how I could find out
So both Houses of Parliament in NSW have passed the Sustainability Amendment to the Strata Schemes Management Act, however, it has not yet been proclaimed or received Royal Assent.
Any idea how long this will take as we are hanging out ( no pun intended) to install a clothesline but to date the developer of our 14 unit block has always voted against it as he still hold 27% of the lot entitlements and although it seems extraordinary, installing a clothesline on the common property currently requires a special resolution where no less than 27% of lot entitlements vote against the resolution.
I absolutely agree with Jimmy’s comment about how preposterous it is . We have had very many issues with the developer who still holds the numbers for every special resolution in our strata Schemes as he still owns 31% of the lot entitlements. He is able to prevent such things as installing a clothesline as he claims it is a change to the common property and therefore needs a special resolution. Needless to say when he built the 14 apartment development he did not provide any clotheslines. Due to the small number of apartments and the fact that for 3 years we were still in the Initial Stage and then no funds were handed over at the first AGM, our Owners Corporation/ Strata Committee has never been able to afford a lawyer to sort this guy out. Trying to go to NCAT without a lawyer would be a nightmare for us given the Tribunal members who would probably hear our complaint would be unlikely to understand strata issues. For these reasons it seems to me that unless you have significant funds to spend on lawyers you just have to put up with arrogant and disrespectful behaviour and actions from owners in your strata Scheme, whether it is for failing to comply with by laws, wooden floors or any other matters.
Interesting reading. Great news for Victorian apartment owners with cladding issues
Bit more info here: https://www.premier.vic.gov.au/standing-up-for-combustible-cladding-owners-in-victoria
Oh no, water metering gives me the biggest headache but thankfully our water issue has now been solved. The solution to our problem which was very similar but a bit more complex was that we went back over the quarterly water invoices for the previous financial year and put that amount into our annual budget and our owners Corporation ( body corporate) paid all water bills. Of course the levies covered the budget and as Jimmie says, the SSMA in NSW is very clear that the costs are allocated by the lot entitlements not by who it is thought used the most or the least water. The other thing that we then did was obtain lots of water saving posters and fact sheets on saving water and distributed them to all apartments to encourage residents to save water. Good luck with this. Jimmie and others on flat chat were very helpful to us while our water saga was ongoing And I will be forever greatful
My Strata Hero is Jimmy T. Our three years in Strata would have been hell if it wasn’t for Jimmy providing information, advice, referrals and suggestions. Because of his support we still live in a Strata apartment and have got through the worst of coping with the developer from hell. We now have our own Strata Committee, with the developer not receiving a vote after nominating himself for the committee. I’m sure many others will nominate Jimmy T as their Strata hero.
Many thanks Sir Humphrey. I will check our Strata Scheme Management Act 2015 to see if I can find a similar arrangement and we will then look to the Tribunal. I think for the most part in NSW the first step is mediation so we will go down that path if necessary. Not sure if mediation applies to special resolutions but will also check that. All nine owners will be relieved if the Tribunal finds in our favour.
Aha, I have read Jimmys reply to dwa and all the info from the Act is there. Thanks Jimmy. Looks like we are headed to mediation and then NCAT.
@dwa said:
Interesting regulations where it seems that 1 lot does not equal 1 vote ….Never does dwa. We can’t get our by laws adopted because the 9 owners of this 14 lot apartment building only hold 61% of the lot entitlements. We all live here and want these by laws adopted. The developer can’t sell his own apartment or the other apartments he still owns and these give him a 39% lot entitlement. In order to change common property ( we want to alter the ornamental pool area) or adopt or change by laws you are not able to have more than 25% of lot entitlements voting against it. So guess what? The developer does not live here, he visits occasionally, but he has told people that all the owners here are “scum” and he makes life difficult by voting against every special resolution just because he has some unsold apartments and his own holiday apartment.
@LawoftheLand said:
Thanks for your response Faraway girl.Are you aware if there is anywhere in the SSMA that refers to quotes in general and not just to insurance?
And wouldn’t the O/C (not just the S/C) have to vote on both the Fire quote and the remedial works quote?
Strata Schemes Management Act 2015 No 50Current version for 1 July 2018 to date (accessed 24 October 2018 at 23:43)102 Limits on spending by large strata schemes(1) An owners corporation for a large strata scheme must obtain at least 2 quotations in relation to proposed expenditure in respect of any one item or matter if the proposed expenditure will exceed the amount prescribed by the regulations for the purposes of this section.
Dazzle .the NSW Strata Scheme Management Act requires three quotes for insurance. The Strata “Manager” works for the Owners Corporation and Strata Committee so if there is a decision ( in the minutes) of a meeting to do what you wish, then unless it is in conflict with the Act, I believe the SM is obliged to do it. Perhaps you could speak to the Chair and/ or Secretary of your Owners Corporation and ask her/him/ them to arrange to have this issue placed on the agenda. It would be helpful if you wrote the motion to be put. See below for the part of the Act related to insurance quotes.
Strata Schemes Management Act 2015 No 50Current version for 1 July 2018 to date (accessed 24 October 2018 at 12:44)166 Strata managing agent to obtain insurance quotationsA strata managing agent must provide the owners corporation with not less than 3 quotations from different providers for each type of insurance proposed by the agent to the owners corporation or provide written reasons to the owners corporation if less than 3 quotations are provided.
A Strata Manager who is not performing can have a huge impact on people’s homes in the Strata complex. If you want to avoid conflict then you probably just have to take what you get.
However, if you want a Strata Manager who gives what you pay for then find out ( usually can do this on line) who is the Principal of the Company she works for and send a letter requesting a new Strata Manager and detailing particular instances of non performance.
Important not to be vague eg “ no advice or guidance and often information is wrong”. Give specific examples of what the issue was and why was it wrong eg “
On 8/7/17 I requested information of such and such and was advised that we could not do that as the Act did not allow it. I subsequently found by reading the Act that it does not preclude it but allows it provided a special resolution is passed at an OC meeting”. etc.
If the Principal does not provide you with an alternate Strata Manager then check your contract to see when their time is up and don’t renew or get some legal advice on how you can terminate them and find another company who will do the right thing.
By the way, the more I see of Strata Managers the more I wonder whoever thought to give them the title “manager”. More like Strata Committee Assistant.
Having just read this column by Jimmy I think we need a Strata revolution. These Tribunal members obviously do not understand what precendents are set when the breaching of by laws occurs and how important it is to require compliance. We need people who understand the Strata Scheme Management Act to sit on these Tribunals, not Town Planners. Can’t we find a really good Strata Lawyer who is prepared to take the list of cases where By Laws were breached and the Tribunal failed to act appropriately to the Supreme Court and have these rulings addressed. Good for the Law Firms business and good for all those people who live in Strata and have to put up with those owners and developers who flout the By Laws of their Scheme.
and anyway, why have these Tribunal members got discretion on whether to impose a penalty when it is clear a by law has been breached.