[optusJo]

This might help you:

I was/am in the same sort of predicament.

I found this Q and A useful.

https://www.lookupstrata.com.au/qld-qa-renovations-and-changing-the-appearance-of-the-lot/#Q41

If the issue is that you need a balustrade  to match the rest of the balustrades, could you have a gate installed?

 

 

 

 

 

 

[optusJo]

How stressful for you – are you able to recover any costs?

[optusJo]

I would make the point that there are garages and garages.  The garage if weather proof, and good flooring and “safe” could possibly meet appropriate standards.

[optusJo]

further to #69563
So after stressing about all this – I went back to a paper file I call – History Vol 1.

I found 2 AGMs in  2004 and 2005 from a previous Owners Corporation manager, which clearly states that owners of decking and skylight are their personal responsibility.  My copy of the AGM is a printed copy of the AGMs –  the present Strata Manager should have a copy of this document.  Surely they would have these important documents – why aren’t they on the owner’s portal?

So now do I need to ask for a 99 year lease or something?

Thank you

 

[optusJo]

Has this happened yet?

However, SCA’s newly minted Professional Standards system comes with a code of conduct which also means that later this year their new standard contract will be issued and it should be a lot less one-sided.

I have googled and found this about Victoria:  It says that “From 21 December 2021, new restrictions on proxy voting came into effect. ”   It also has the following clause!

These restrictions do not apply if the lot owners the person is authorised to vote for are members of the person’s family, or if other exceptions prescribed in the Owners Corporations Regulations 2018 apply.

[optusJo]

I am not sure if I hit “send” … I meant to … sorry!

I am not sure if this should be a new topic.
At the recent AGM – 3 issues that concern me were discussed.  The “decking”,”carparking” and “skylights”

I have asked a conveyancer to look at my title, caveat, easements, instruments and Service Agreement.

Decking: I acknowledge that I have a “decking” over common property.  At the time 1980 – when I bought the place it existed.  In 2009 when the roofs were fixed the Body Corporate painted the railings and put in the posts and I had  the timber decking replaced. (The only proof I have is the invoice from the contractor: “removed old timbers and constructed a new deck and sealed the new timbers ..”)

I am prepared to pay for a lease over the common area patio – how or who do I go to get this sorted?

Skylights: In the 1990s , 2 or 3  units put in skylights.  No discussion of this was mentioned in the Minutes.  If I need a “lease”, they should have a lease too?  There are number of other common property areas which have been “gated off” – are they on lease?

Parking: In 1980 I was told  where I could park on the grounds.  At the AGM it was “agreed” that no car park on title meant no parking on the grounds and the spots were for visitors.  No mention was made of Service Agreements which form part of the title.  According to the Service Agreement, I am allowed to park on Residual Land with consent in writing.  I do not have anything in writing but other cars are parked in those spots on the grounds.

The Minutes have now come out – I  challenge some of the points (not resolutions).  When I asked if there was a protocol for doing this the response was that the meeting isn’t a transcript of what took place, it is to capture the main points and they can be rejected at the next meeting.  There were no motions as such put to the meeting – but the Minutes read as if the votes carry the discussion.  At the AGM on zoom there were  6 present, 2 Proxies and  1 Apology (total units = 24)

I was told at the AGM that “as a stratum Body Corporate it only needs 2 directors to pass a resolution”  I subsequently questioned this and I was referred to the Owner Portal.  I asked if I was meant to look at the “Instrument of Delegation” – no response.

What can I do now?  Do I have any rights ?

[optusJo]

I have looked at the title and it begins with LP – it is from memory a Stratum Title.  I don’t think it was ever changed from Stratum to Strata.  We have shares in common property.  There are service agreements, Caveats, Charges and Covenants that come with the title.
We have no by-laws – are there any rules applicable to Stratum versus Strata?
Are there rules regarding what makes a quorum, if special resolutions are needed etc?

 

[optusJo]

I am also in Victoria – in a block of 24 flats but 3 separate roofs ( 6 units /9 units/9 units per roof) can owners really decide to not contribute to to the “other areas”?

[optusJo]

My concern is there is no O&HS report although we are told it is an  OH&S issue.   Also what sort of “majority” is needed to pass a resolution to remove the drying area?

[optusJo]

I am in Victoria.  The body corporate which is most used in Victoria has the 20% as a maximum in their “vanilla” contract.  It is a while since I have seen the contract but it also states that if theirs is no commission they will put up fees.

[optusJo]

Did you pay to look at the strata roll?

[optusJo]

our 8 flat complex in Melbourne has just gone through a similar situation.  In our case we wanted new letterboxes as the old letterboxes were inbuilt to a leaking retaining wall.

When part of the garden was cleared – a leak was discovered on the rusted steel pipe.  The plumber  advised that we needed to replace the pipe which extended under cement in front of the car park ($9000)  However we found the nearest fire hydrant and it seemed it met the regulations of hose length from hydrant to all apartments.
This did cost $9000 but it did mean that we did not have to tear up the cement.

it also I meant a lot of ringing around all the responsible bodies to try and understand what were the regulations etc.  If i as an owner and on the committee had to be paid for the hours I spent it would have cost a lot more!

 

[optusJo]

One of the problems I have experienced is that getting to the appropriate information is very difficult.  Our example is with regard to fire hydrants on common property when there is a street fire hydrant within 20 meters of the building and our pipeline to the fire hydrant has a leak.

I have spoken to fire specialists and they have been very helpful especially as to this stage they have not been engaged.

Our “essential services company” told us they would not even look at the problem until we had engaged the services of the building surveyor.  This was signed by the sales co-ordinator.

The fire hydrants themselves have a clipped piece of aluminium indicating that they have been tested every 6 months for the last 3 years.  I remain unclear what the tests were and what they revealed.  The pipes leading to the fire hydrants is made of ungalvanized steel – about 1 metre in a garden bed and about 8 meters under cement leading to the two existing fire hydrants.

At the same time as we are trying to understand whether we can have just one or no fire hydrants, the council (water company) is upgrading the water pipes in our street.

Google maps clearly shows the fire hydrants on our property and the street fire hydrant.

If we could get council and the water company and fire specialists to talk to one another we could get a resolution that would not cost as much as getting the pipe replaced and which would not be used anyway as the fire brigade would most likely prefer to use the fire hydrant from the street.

[optusJo]

I feel there is a principle at stake here … I just can’t articulate it.

‘I broke it, but if I fix it i will only get 6 month’s use of it’

vs

You broke it, replace it (at least to the same standard) and this includes installation etc

I thought that tenants could claim ‘wear and tear’ on items?

Jo

 

[optusJo]

When I asked the question – 2 month’s fee will be refunded.  So that’s good.

 

[Author]

Replies