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When we asked our Council if they have a specific form to be completed by the Fire Safety Assessor we were told that the Council does not have a form and in any case does not demand compliance as they do not have the resources. We then heard about a Council that had just employed a “ compliance officer” and the first thing the officer did was require all Strata schemes in the area to submit their fire report. Those that didn’t have one were required to undertake a range of safety work which has cost them thousands. As a result we have booked our fire safety inspection. Interestingly, the Strata Manager did not know about this requirement.
As an owner who has had to tolerate the bullying of the developer ( and still does) of our 14 unit Strata plan in NSW you have my sincere sympathy. Even though in the SSMA 2015 it implies that the initial period requires the developer to be the Chair, Secretary and Treasurer of the Owners Corporation, our developer did not operate in compliance with the Act.
By the time we had the first AGM some years after we had moved in , he had kept all our levies, no bank account for the Strata Scheme existed and our new committee started the year with no money at all. We are still trying to catch up and have just had our 2nd AGM.
The developer is still bullying the other owners with almost weekly threats of taking us to court for anything and everything and after all this time we still cannot get our By Laws passed because he holds more than 25% of the lot entitlements and so votes against the special resolution that is required.
Hence we have only the 8 By Laws that he registered with the Strata Plan and these all favour his apartment. He still holds 39% of the lot entitlements and will do until he has sold more units.
He has already advised that he will keep the units that will give him 27% of the lot entitlements so that we will never be able to get our By laws passed. So after all that, I absolutely agree with Jimmy, get the lawyer ( we couldn’t afford one) and get your developer sorted as soon as you can. They can make your life a misery and unfortunately if they are bullies they even frighten the Strata managers.
If we had our time over again we would have gone to NCAT at the beginning to get a Strata Manager appointed by the Tribunal due to the OC being “ dysfunctional “ .
You wouldn’t install any equipment or appliances on property that is not your own so the same goes for installing it on common property as that is owned by all owners not just one. I think I would be requesting the owner , through the rental agency, to sign a document accepting full responsibility for any damage the HWS does to the common property as well as for their own HWS ( after discussing this at the SC and then the OC of course). It seems that you also need to speak to your Strata Manager perhaps requiring that any unusual costs be discussed with the treasurer before payment is made.
It can be very frustrating to read about residents in a Strata Scheme who don’t want to be on the Strata Committee, don’t usually attend meetings of either the Strata Committee ( to observe some of the issues they deal with) or the Owners Corporation ( when they see the Agenda and do not have an interest in the motions ) but then make a big issue if that same Strata Committee makes a decision that they don’t agree with. Suddenly the issues of the Strata Committee should be an issue for the Owners Corporation. No. You can’t elect a Committee and expect them to do all the work, and then when you don’t like what they decide, suddenly decide that that particular issue must go to the Owners Corporation.
So in my humble opinion you can’t have it both ways . Either leave the Strata Committee to act on behalf of all owners and that means that sometimes you may not agree with their decisions but accept that they had the right to make them, or stand for election to the Strata Committee and influence what issues they should deal with and what issues you can propose should be taken to the Owners Corporation.
Absolutely agree with Cosmo. We have had lots of issues in our small 14 unit Strata Scheme and after living here for two years we eventually had our first AGM. Prior to that meeting we invited all the other owners to “afternoon tea” and basically reached agreements on who was prepared to go onto the Strata Committee , who would nominate each one and who would take on roles of the chair, secretary and treasurer. By the time the meeting was held it was all sorted and the bully in our midst was out manouvred. He nominated himself at the meeting and was elected because we felt it was better to have him on the SC than have him cause problems from outside.