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If it is a clear cut case – do you need a lawyer?
As you have been to mediation, isn’t a Directions Hearing the next step? Have they written to you telling you what you have to do next?
Wonder how easy it is for a Buyer’s advocate to get that sort of information? How would you know that there are emails welcoming new comers and that there is cooperation between neighbours? Sounds like Nirvana 🙂
AGM Minutes will only tell you so much.
It would be good to a Buyer’s advocate to do an audit of a building. Are they expensive?
this is what the AI said!
This description defines the vertical and horizontal boundaries of the stratum (or legal volume of ownership) for the courtyard and terraces in a multi-unit property.
Breaking it Down:
- Stratum Definition for Courtyard & Terraces
- The courtyard and terraces extend downward to 1.5 meters below the upper surface of the ground floor of the units they are connected to.
- The upper boundary extends to the horizontal projection of the underside of the ceiling of the ground floor of their respective adjoining units.
- Exception: If the courtyard/terrace has a concrete floor, this boundary may differ.
- Special Exception Near “Point A”
- In a specific area (within a 1.5m radius of “Point A”):
- The lower boundary is still 1.5m below the ground floor of Lot 1.
- The upper boundary is now the horizontal projection of the underside of the ceiling of Lot 5, instead of the adjoining ground-floor ceilings.
- In a specific area (within a 1.5m radius of “Point A”):
What This Means:
- This description helps define ownership, airspace, and potential building rights in a multi-unit development.
- The reference to a “horizontal projection” suggests that the legal height limit follows the ceiling level of the units rather than being an open-air space extending indefinitely.
- The “Point A” exception creates a different height limitation for a specific zone.
Maybe they (Fair Trading?) could publish the 70 page Netstrata report and interested people could make comments – that way Fair Trading and Netstrata could demonstrate “full transparency” as opposed to “semi transparency”.
I am lucky I kept the Minutes and that they refer to a resolution … the Memorandum of Associsation states that Resolutions have to be written into the Minute book. But it does not make sense that AGM Minutes, which is when you are at the very least informed of what is going on, are only kept for 7 years.
Are the Committee able to spend $150,000 without approval?
Was it an Agenda item?I just saw the message!
I am in Victoria and it is a Company Title.
The same company has been at the place since at least 1999 (i have a letter from the then Manager). My minutes show there has been a series of Company name changes, but each time the minutes say that the change will not affect us.However, the Memorandum of Articles and Association refer to keeping a Minute Book and a Resolution Book and this is to be kept by the Service Company. I suppose that they then sublet this to the Scheme Management Company. In any case – no records!
I knew my shoebox filing would come in useful one day.
Q. How long should these Minute Books have been kept? Is 7 years enough?I am in Victoria.
I am interested in this as there has been a locked gate to my Lot since at least the 1960s and certainly when I bought the place in 1980.
The locked gate is on common land.There is only my lot past that gate ,
The walkway from the gate leads to the only entrance of my Lot.
Past my gate and the walkway leads to the balustrade/railing and a fall of 3 floors.
Visitors ring the bell on the gate to get admission to the area/my door.
Is it unreasonable to be asked to leave the gate unlocked because it is on a common walkway? Is this going to have to be a dispute at VCAT?
In our complex (it is a Company Title), a common area structure caused a leak into the apartment below. In this case not only was the ceiling fixed and painted, the flooring was replaced by the strata insurance.
In my experience (Victoria( i think that owners know if there is a VCAT hearing when they are told there will be a Special Levy. No details however were given in my experience.
I am not in NSW but in Victoria.
I am in the situation where i was told i had built on common property with permission.I eventually found the AGM minutes from 20 years ago where it did say a resolution had been passed. The Management Company said they had no records as they were inolved with the building 20 years ago.
In the course of the prep for VCAT and a compulsory mediation I was told they were not relevant it was so long age and I should just let go …, however the same company had been operating as the Management Company with about 6 name changes in the last 20 years.
I believed that a Special Levy needed to be clearly specified in the notice to owners, such as stating, “We are raising a special levy for this unforeseen issue.” However, at our AGM, buried in the sections most people don’t read, it states that owners give blanket approval for any levy the Strata Manager (SM) might raise. The minutes even reference the relevant legislation. As a result, when a Special Levy is raised, the committee is simply “notified.”
Engaging a lawyer or taking a matter to VCAT should still require committee approval before proceeding. I wonder too about why it is that owners’ insurance is used when a Strata Manager decides to go to court – wouldn’t they have their own?
I think you are right about Victoria being quietly corrupt. You are wrong though about not wanting to leave Sydney for Melbourne. 🙂
Compelled to leave your key … what about a key safe with a key? You can change the code on the key safe. But … maybe that would be changing the appearance of the building.If it was you the landlord in the place – you would probably get ear phones. Even if you were in a stand alone home – there is not much you can do about noise from renovations that happen at certain times of the day.
Suggest earphones – that will help with concentration? - Stratum Definition for Courtyard & Terraces