[newb]

@Court, if you are an owner, the strata manager has to provide you access to records within 14 days of you making a request. They can only charge $34 for first hour, and $16 per hour after that. Ask just to view the voting records specifically (while you’re at it you may as well request a copy of the strata roll too – this is a very useful thing to have to be able to communicate with other owners; and you might also want to request anything else you might want to view). Put your request in an email.

[newb]

I found the reference about cooperating with handover:

Schedule 4 Rules specific to strata managing agents and assistant strata managing agents
section 8
1 Co-operation about records, access and transfer
(1) If an agent is acting on behalf of a person in the management of a property and is advised by another agent that the other agent (the new agent) has been engaged to act
on behalf of the person in the management of the property, the agent must co-operate with the new agent—
(a) in relation to access to the records of the person, including by making the records reasonably available, according to law, and
(b) by facilitating the transfer of management functions between the agent and the new agent.
(2) Subsection (3) applies if an agent is acting on behalf of an owners corporation or association in the management of a property and is advised by the owners
corporation or association that—
(a) the agent is no longer to act on behalf of the owners corporation or association,
and
(b) no other agent is being appointed.
(3) The agent must co-operate with the owners corporation or association—
(a) in relation to access to the records of the owners corporation or association,
including by making the records reasonably available, according to law, and
(b) by facilitating the transfer of management functions between the agent and the
owners corporation or association.

I’ll add more about other sections when I have time to go over it all thoroughly.

 

[newb]

@TrulEConcerned, getting our own insurance through Strata Fair coincided with us moving to self management, so our strata manager won’t be getting anything more. As it is they have nearly cleaned us out already and it will take some time to recover.

Strata Fair brokers charged a simple low fee to basically renew our insurance with the same insurer (still with provided other quotes).

Despite having been instructed that we were not renewing our management contract and explicitly not to renew our insurance, our strata manager actually provided us insurance quotes and still tried to renew our insurance (lucky that Strata Fair acted very quickly to transfer the brokerage), so we saw exactly how much we saved by not going through them. Incidentally in their 4 or so years of managing our scheme, our SM has never declared any kind of commissions, insurance or otherwise.

[newb]

I think 15 to 20% commission is fairly usual for most strata managers (and contributes to their management fees). Legally, any commission should be declared, and declaration details included in the contract.

If it IS included in the contract, I’m not sure you can legally get your insurance elsewhere, if you’ve signed a contract that includes your strata manager as your broker. (Maybe someone else can advise on this). Also if you get your own insurance then you have to consider how you’d pay your strata manager for assisting with any claims and communication with the insurer.

If your contract is due for renewal you could try negotiating with your strata manager about the commission and or about what is included and not included in standard services.

Some Strata Managers don’t charge a commission (their other fees may be higher though), and some offer a range of management option packages that include ones where you obtain your own insurance.

Check your contract. If it doesn’t include agreement that the strata manager will obtain insurance, you could get your insurance elsewhere. You’ll need building details and claims history.

We saved about 17% off our premium this year by going through Strata Fair insurance broker, who were recommended by the Owners Corporation Network. To be double sure, we voted on it at an EGM and formally authorised with a letter signed by committee officers, for the new broker to act as sole broker on our behalf. They were then able to obtain all necessary info on our behalf.

[newb]

How is the electronic voting done? There should be a record of it, that could be printed off and then you could check? You could ask for this?

[newb]

Apologies, pre emptive excitement. I’ve not finished reading it yet, and need to compare old to new, to see what is actually new. Then there’s the question if it’s actually applied in practice.

Yes I thought there’d be people on this forum who would be excited too and go have a look, or may have already read it and could give their take on it.

Some things that looked good so far, (on my way to work, I’ll add more later)-

41. Records to be prepared by strata managing agent

(3) A copy of each record must be provided to the treasurer of the owners corporation or association at the following times—
(a) if the agent ceases to act as managing agent for the owners corporation or association—within 14 days after termination of the agency agreement,
(b) otherwise—at least once in every 3 month period.

42. Contents of record to be prepared by strata managing agent
(1) Each record required to be prepared by a strata managing agent under section 41 must—
(a) state the name and address of the owners corporation or association for whom the record is prepared, and
(b) specify the period in relation to which the record is prepared, and
(c) state the date of the record, and
(d) if the record is required because of the termination of an agency agreement— reconcile all receipts and payments with the statements from the relevant authorised deposit-taking institution up to the time of termination.

43. Managing agent to permit strata and association committees to inspect records

There is also a new inclusion that a strata manager has to cooperate in handing over to an owners corporation moving to self management, or when there is no new strata manager to hand over to. (I need to go back and find the reference).

This is the link to the Regulation

https://comms.fairtrading.nsw.gov.au/link/id/zzzz6333c0ab315a1060Pzzzz62b0113959e03584/page.html

 

 

[newb]

They might also be getting conflicting instructions from different people on the OC, while the SM is (supposed to) act on behalf of the OC via resolved instructions.

[newb]

Not at all surprised. There is a long tradition. Have you read John Birmingham’s Leviathan: The Unauthorised Biography of Sydney,

Or Neddy Smith’s autobiography where he talks about getting rid of bodies in the concrete foundations of new constructions…..

Ok, now, after that intriguing intro,  to actually check out the content of your podcast.

 

[newb]

There was no specific motion at the AGM to delegate powers. It was a clause in the contract. A copy of the contract was provided as an attachment for pre meeting electronic voting and there was a motion to renew the contract.

We only just had a general meeting and that took some effort!

Our diplomatic Secretary is going to drop by their office and see what they can achieve.

Maybe we can hold the general meeting by purely electronic vote for the one motion to revoke the delegation. I know the current regulation amendment for electronic voting  is in place till end of September. I’ll check and try that. No guarantee that SM will respect the revocation. Worth a try though. Thank you Jimmy.

I’ll know for if next time I’m in this situation to include a Revocation motion at the EGM.

[newb]

It’s funny. A lot of people on the forums say their committee are opaque. I had the same issue until I joined the committee. And people warned me “o you’ll have to deal with everyone knocking on your door”, but I have the opposite issue. I feel as a committee member you should be available (with some solid boundaries too). I’ve had a few people (including some committee members) say to me “too many emails.” And they don’t read them. I’m acutely aware of not wanting to be a pest, yet still needing to communicate important information. A lot of owners don’t want to know, don’t care, or find it stressful.

I always find in person to be the best communication, however I also don’t want to be intrusive by knocking on doors. I’ve had to overcome my normal instinct to leave people alone, and be left alone my self, in order to be responsible.

I think some people will prefer emails and others in person, and different people want different levels of involvement and this can change too depending what else they are occupied with at different times.

You still have to legally send out minutes and notices etc.

I’m going to use a portal, but not sure how many will use it. At least all info will be there for anyone who does want it.

Probably need a variety of communication methods. Email, post, in person, meetings, more relaxed socialising, phone, text. I try to adapt to each person. My building is 15 units with about half half owner residents and owner investors. I think it would be a lot harder in a large building.

I also want to send a quarterly news letter with levy notices. And organise some social things like gardening together, cups of tea. It’ll take time.

[newb]

I notified the strata manager and sent EGM minutes showing results of voting that office bearers have been elected and that I am completing our strata hub registration.

Our strata manager who previously had not mentioned strata hub to our scheme, on the day of our scheduled EGM, emailed every owner advising that a strata committee meeting was being held to elect office bearers and delegate the SM to register us on strata hub (for a fee).

I advised the next day after our EGM that we have office bearers and I’m doing the registration and to cancel the meeting.

Yesterday the SM sent email advising that the meeting had been postponed.

Today I found a hand delivered letter in my letter box (my registered notification means is email) from the SM advising a strata meeting for the 7th september to elect office bearers and register for strata hub.

Our “contract” says all powers are delegated to strata manager. They are still trying to make out there is a 3 year contract.

I am concerned they are trying to hold a sneaky strata meeting with their supporters and re establish their strangle hold.

They are acting without instruction and ignoring my (Chair) instructions.

I completed the strata hub registration (earlier than I wanted to) and forwarded the registration confirmation to the SM and committee, once again saying we didn’t ask for, and don’t need this meeting.

We’ve authorised a strata insurance broker to urgently take over our insurance brokerage.

Anything else I can do? Can I get urgent orders to stop them in their tracks? They’re hanging on for grim death!

 

[newb]

The insurance policy for my building specifies in the fine print that if issues are the result of things not having been maintained, eg. An ongoing unfixed shower membrane leak causing ensuing structural damage, it can’t be claimed under our policy.

Yes, I should have said check your insurance policy to see if this is the case.

[newb]

Are they just holding off because it will be expensive?

They have to fix it. They’re in breach if they don’t. Has it been more than 2 months since you asked?

You could get orders from NCAT. That could be longish and painful and in mean time you still have your problem and water getting in.

Or just get a quote, send it to them, and add it to your list as evidence.

I’m pretty sure that not maintaining the building can also invalidate insurance.

[newb]

Also, you need to be reasonable and work with the people and situation you do have.

Be what you’re wanting everyone else to be.

Listen and empathise.

Have integrity. Be accountable. Own that you choose this for your self. Always learning. Not about resentment and what you think others should be doing. No one is perfect. Accept that it’s ok you and others don’t know everything and will and do make mistakes. About possibility for what kind of world you want. Strata is community and a microcosm.

[newb]

Yes there is.

We now have 8 out of 15 owners on the committee! Previously it was 3 non active people.

Talk to other owners.

I wish I’d spoken to other owners sooner, though I wanted to have all my facts straight and offer real solutions before I potentially upset people.

[Author]

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