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@StrataChair, thank you, that is very encouraging to know
@tina we’re still not quite there. Right now I have the issue that cosignatory for the bank account has pulled out and we are under a wee bit of time pressure.
Breathe, reassess, do the steps.
Will get there 🙂
Fantastic!
@tina months of work and preparation went in before this last month. When I finally got all my ducks in a row, I took that to all the owners.
I used Excel to work out where we were losing money, what are fixed costs, where we can save and to work out a realistic budget. We will use the most basic Our Body Corp package, as it has the nifty financial reports and levy notices linked to accounts.
Going to open our bank account this morning, then send the notice to our strata manager. In a fortnight to month’s time we should be fully independent and running smoothly, provided the strata manager cooperates in handing over funds.
(I did have to tell the existing committee that I was serious about seeking compulsory management, to finally get some cooperation).
The SSMA Regulations are enough for starters, even just the duty of committee. Even just having it included as a motion draws attention to it.
Also if you’re not already on the committee, join the committee your self. You can’t whinge if you’re not willing to do it your self.
As others said to me, prepare for a long game. What is your end goal? What do you want for your building? Why are you doing it? What’s your vision? Then, work toward your vision, step by step.
I’d also advise if you have a spare bit of dosh, get some legal advice.
And read read read all the posts on here. Follow the advice in the recent article on here of where to get good strata advice.
Talk to the 9 who do turn up. Start with them.
It’s not easy. You really have to want it.
You absolutely can draft a motion to adopt a code of conduct (which can then even be added to your by laws but will require registering for that).
You can just put a motion that all new people wanting to be on the committee or renominate to be on the committee, sign a statement acknowledging committee expectations under the Act. I just did this at an EGM. I said people need to know what expectations of Committee are when they sign up for it. Everyone was fine with it. I just took the main things from the Act about due care and diligence, good faith, that it is voluntary and only means of renumeration under s46, what a committee can and can’t do etc.
You can remind committee members that they need to perform their function. I asked my committee if you don’t want to perform the functions of a committee, why are you on the committee? You can also apply for orders from NCAT to remove committee members.
I don’t think people have to perform all the things, but at least some of the things. A secretary should reply to any reasonable correspondence.
Get your self nominated onto the committee
Woo! I think we’ve done it, and avoided court or compulsory management. It has been a lot of work and will be more work still. I’m fine with that.
We just had a well attended extraordinary general meeting, doubled our committee size, elected office bearers (I am now the Chair) and resolved to not renew our current strata managers contract, and to self manage using Our Body Corp, with review in one year and proviso to move to another strata manager (we found at least one good transparent one near to us with a range of offered service levels) if we need to.
I spoke to Strata Choice and they are fantastic, however their office was a bit far away, and we are on a strict budget now after our current manager depleted our fund and owners are not willing to increase levies and any spare money needs to go to building maintenance.
I did it by laying low, reading and re reading and re reading the strata schemes management act and regulations end to end, plus a bit of case law, numerous tips from this site about nifty parts of the SSMA, researching all possible options, ongoing discussion with the committee, obtaining the strata roll and whatever records I could get hold of, going through all these, making a list of breaches with accompanying attachment of evidence, sending this to all owners, holding a committee meeting and obtaining a resolution to increase the committee size, calling an EGM, using electronic voting as well, doing everything by the book and just keeping on moving forward one step at a time.
It was so nice to meet more owners all together this evening, and feel a positive sense of ownership of our building and cooperation together.
Still a few more things to do.
I think we’re going to be ok.
19/08/2022 at 11:22 am in reply to: Common electrical switchboard/meters on private property (VIC) #64806Ah, that’s so weird. Yeh, is there anything like that (easements) in NSW strata?
18/08/2022 at 8:43 pm in reply to: Common electrical switchboard/meters on private property (VIC) #64794Yes, can you lock the room and charge any one who needs to access it? It seems very unfair that it is space you paid/ pay for, yet common access is expected.
Can you get a quote for moving it or having a new board put in? What does an electrician say about the safety of the current one?
Also, I’d ask all owners, not just the committee.
Hi Mailbox
Are you in NSW?
It’s hard to tell if you don’t have the original plan drawings. Check your original sale contract or pre buy strata report to see if there’s a copy in there.
I know for my 1960s building I had to look at both the plan and the certificate of title. My certificate specified that Strata Schemes (Freehold Development) Act 1973 Schedule 4 Clause 3 applied to boundaries, which moved most boundaries from the centreline to upper, lower and inner surfaces. Except where marked with a note on the plan. My plan has notes specifying that lot property of garages extends to the outer face, and so includes the garage doors.
The SCA Who is responsible? guide is only a guide, as pre 1974 buildings are a bit different and you do need to look at your certificate of title and the plan.
Maybe the other owners have a copy of the plans they can show you? Common property is generally the thick line, and lot property the thin lines. And then any notes will specify further.
Wow that’s great!
03/08/2022 at 5:53 pm in reply to: Committee approval of invoices BEFORE the strata manager can pay them #64488@WoodWalker
I feel ya.
Our SM moved to Urbanise but never even mentioned the portal to us. The last thing they want is people being able to see the actual accounts. I asked them about it and …. crickets
Will be rid of them soon.
Send your strata manager another email, with photos, and quote this from the Strata Schemes Management Act (assuming you’re in NSW). It might hurry them along a bit.
s106 Duty of owners corporation to maintain and repair property
(1) An owners corporation for a strata scheme must properly maintain and keep in a state of good and serviceable repair the common property and any personal property vested in the owners corporation.
(5) An owner of a lot in a strata scheme may recover from the owners corporation, as damages for breach of statutory duty, any reasonably foreseeable loss suffered by the owner as a result of a contravention of this section by the owners corporation.
If it’s a common property wall, and the leak is coming from a closed window that needs sealing, rather than just rain coming through the open window,
And it’s causing mould and health issues, it’s an urgent repair that doesn’t need voting on and needs to be remedied asap with minimal cost temporary measures to limit the damage. Tell the SM this.
Leak and mould investigators are very busy at the moment, so it’s possible there is a real delay.
Every owner has a degree of responsibility.
If SM has not given you a definite date, and you know for certain the contractor they will use, I’d ring them to find out what’s happening, and book them to come earlier if you can, then let the strata manager know they are booked in. If they aren’t able to come quickly, get 3 quotes and pick the quickest (as it will save further cost from more damage). Record everything you do.
Until the leak gets fixed –
I’d take photos/ video of the existing situation, then –
– move the bedside table so it doesn’t get damaged or provide more area for mould to grow;
– Put a container under the leak, or peel the carpet away and put down some temporary protective plastic sheeting
– clean up the existing mould to stop it spreading and dry out the carpet with a hair dryer
– maybe look for where water is getting in and put some clear silicone waterproofing sealant there as temporary protection.
Keep receipts for any money you spend.
– Look into getting a dehumidifier, or even just some of those sachets to reduce air moisture
– send receipts to strata manager and request reimbursement.
Ok. I will do those things.
This stranglehold needs to be broken.
Thank you so much.
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