[optusJo]

1. check the physical constraint – would the car next to you hit the cage?  Take pictures
2. get the person who also wanted the cage to do the same thing.
3. Write the letter – with pics and present it to the Chair.
4. Invite a reply.
5. Wait a month.
6. If no reply wait another month
7. repeat 6 until you get a written reply.
8. put in a motion for the AGM?

 

[optusJo]

Committee member should be held responsible for bad decisions.  At present owners blame the Strata Managers.  Strata Managers maintain that their advice was ignored.
In the first instance the Strata Manager and/or OC should prove what advice was given, if it was correct and/or ignored.
In VCAT disputes between owners and Strata Committees, the Respondent is usually the OC.
This would make sense if the Strata Manager is “only the administrator”*, but in most OCs the Strata Manager is the most “experienced and qualified” in the room.
Responsibility should be able to be rightly attributed between Manager and Committee.

*The SCA says that:
“The Strata Manager is an administrator providing secretarial type services and does not provide expert serivces  such as ESM(fire safety). OH&S (health and safety), supervision of buildig works, legal or financnial advice etc.”
https://vic.strata.community/wp-content/uploads/2024/12/SCA-Vic-CoA-2024-User-Guide-for-Owners-Corporations.pdf)

[optusJo]

Does a claim against a committee mean via the Tribunal CATs?
How does that work – do you first have to make a claim via NCAT and then the committee apply to the insurance provider and then the t indemnity clause gets invoked?

You would think that would make the Insurance company keen to pay for Committee education.

[optusJo]

NSW?
Strata law now requires the Owners Corporation obtain at least 3 quotes for insurance, or else, to provide a reason why this was not done – and that disclosure is usually in the Agenda – possibly as a note.

[optusJo]

I was under the impression that in NSW you have to have the wording of the Motion in the Agenda if a vote was to be taken.  That is important so that owners can decide whether to attend or to give instructions on how their proxies are to vote.

I have not seen this done in my 30 years of strata – although there are votes token.  I thought it was because i am in Victoria.

[optusJo]

Section 103 seems to be where the $3000 figures comes from and it is for NSW.
The question then needs to be if the issue is urgent or not urgent.
In Victoria that limit does not apply.

Is the $7.5K lawyer fee  a levy to be paid between the 8 owners or an invoice directly to you?

[optusJo]

Each Company round have their own specific Memorandum and service agreement that comes with the title.

My title was drafted in the 60s and had few full stops (like reading James Joyce) – these days you could get an AI program to rewrite it so you could at least do a word find.

They are governed by the Corporations Act 2001(Cth) and the Company Titles(Home Units) Act 2013 (vic).

 

 

 

 

 

[optusJo]

Do you mean at an AGM or Committee Meeting it was decided to pay more for the service?

 

[optusJo]

No first hand of the process – but the reason for not changing was the expense to change.  Supposedly there are less buyers for a Company Title because the Banks will want a higher deposit.
I also find that the Strata Manager -vs- Scheme Manager tends to apply the OC Act (VIC) rather than the Memorandum and most owners don’t know the difference.
I would check the Memorandum and the Service Agreement – there might be some advantages.

[optusJo]

Also significant that an owner does not know “who” is charging.  For example – in the heading it stipulates different rates for different entities doing the job.  So are you paying someone at $250 an hour when it may have been able to be done at $100 an hour?

[optusJo]

in a franchise – I think that franchisee’s although they might not get to the $75k threshold they are asked/compelled to?  Otherwise some franchisees are advantaged/disadvantaged.

 

[optusJo]

optusJo wrote:

Rachael Dexter has published a number of articles on the Victorian strata sector in The Age.

If the case discussed by Gloucester 19 is now on the public record why can’t it be reported on?

It looks like this VCAT decision is now cited:  I have seen a reference:
Lawnham v Owners Corporation PS746092G[2026] VCAT 363

I read about it on another site and their “Practical Takeaway” is:
Transparency is good governance, but the law does not require open committee meetings.

 

[optusJo]

Gloucester 19: I have sent you a direct message (possibly – i may have sent it to myself unwittingly 🙂

[optusJo]

What is on the public record that can be shared?

I have tried telling interested strata friends and they don’t believe it?

 

[optusJo]

Rachael Dexter has published a  number of articles on the Victorian strata  sector in The Age.
Her most recent articles have exposed kickbacks and a review of the Statutory Review of the Owners Corporations Act 2006 – Final Report.  The heading on the report says it all: Strata overhaul a ‘dogs’s breakfast’.

Victorian owners may have fewer disputes, but that is easily explained by the fac that owners have just given up.

If the case discussed by Gloucester 19 is now on the public record why can’t it be reported on?

[Author]

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