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Nettie mentioned that the netting has not been affixed to the slab, therefore waterproofing hasn’t been compromised.If Nettie’s strata scheme has adopted the Model By-laws then SSMA 2015 Schedule 3: [2(1)(c)] and [2(2)] should cover the installation of the child safety netting on common property.These sections state:2 Changes to common property
(1) An owner or person authorised by an owner may install, without the consent of the owners corporation:
(a) any locking or other safety device for protection of the owner’s lot against intruders or to improve safety within the owner’s lot, or
(b) any screen or other device to prevent entry of animals or insects on the lot, or
(c) any structure or device to prevent harm to children.
(2) Any such locking or safety device, screen, other device or structure must be installed in a competent and proper manner and must have an appearance, after it has been installed, in keeping with the appearance of the rest of the building.
Mr Strata – Being that you have not yet looked at the safety netting how is it possible for you to claim categorically that the water proof membrane has been breached?
Why is it not feasible for the Committee to allow Nettie to retain this netting on a temporary basis until her children have reached an appropriate age?
This is a novel case, the type of case which has not been adjudicated previously by NCAT. There is no precedent for which your Committee can rely upon to guarantee success.
It has been proven time and time again that Committee decisions are not always correct decisions.
If you are confident in your position then your Committee is entitled to take this matter further. There is no guarantee however that your Committee will win this dispute at NCAT. Nettie may be successful. Nettie also appears to have ‘professional advice’ on her side.
You claim that Nettie is not heeding your professional advice. However, Nettie’s ‘professional advice’ that she has provided to the Committee is apparently not being heeded by the Committee.
BCA balcony heights are a minimum height requirement. They can always be made higher. The new window regulations require that windows less than 1.7m above the internal floor level require locks. Clearly there is a difference between the safety regulations for balcony heights and safety regulations for windows. Isn’t it better to be “safe than sorry”?
If this case progresses to NCAT then this case will be on the record for ever more for all future owners of Lots within your building, (and all the world), to peruse when undertaking their due diligence.
Are you quite certain that you would want your names attached to a proposal that would see child safety given a lower priority than a somewhat subjective claim of ‘visibility’. Is this really how you and the other committee members would like to be remembered?
I would relax …… wait it out and see what the committee do from here. They may just be bluffing or posturing.
Whether this matter goes to mediation first or whether it goes to the Tribunal first … it doesn’t particularly matter. You would not automatically have to pay a fine.
It first must be determined by NCAT that you have breached a by-law and the Act. This is definitely not clear cut! There is clearly a significant degree of doubt that you are actually in breach, given the circumstances of child safety.
“The Department of Fair Trading said safety netting would fall within the category of product – child safety devices – that the model strata by-laws generally allowed owners to install on windows and balconies without the permission of the owners’ corporation.”
What is the architectural code that the Committee are referring to? You are entitled to see it. Ask the Strata Manager for a copy of it.
If and when you agree to meet the Chairperson you might like to have the installer also attend the meeting (if possible) to better explain how the safety mesh was installed. Also, you might like to ask if you can tape the conversation.
If I was in your position I would sit back and wait until the Strata Committee escalates this further. In the meantime arm yourself with as much data as possible to support your case.
If you provide a statement at mediation that outlines that: the safety net is not permanent and that it will be removed when your children have reached an age when such a device will not be necessary; and that you will guarantee that you will repair any damage to the common property should it be proven that damage has occurred, then this may assist you in rebutting some of the arguments that have been raised against you.
Incidentally, do you know which architect designed your building? If you do then perhaps you could contact them to ascertain whether they have an issue with you installing this temporary child safety netting. If they have no objection then this may add weight to your case.
Try to get yourself elected to the Committee. If you are passionate about making your scheme a better place to live in then being on the Committee is the best place for you to be.
Also, if you don’t like the maintenance company that you are currently with then you are within your rights, as a Lot owner, to search for other companies and propose them as another alternative.This would need to happen via a Motion for the AGM.
As mentioned above the Chairperson does not have any more authority than any other committee member in any decision making, including a decision to take on maintenance roles.
There are lots of questions …….. Is the maintenance contract at your BC something that is agreed to each financial year at the AGM? If so then you can propose a Motion at the AGM that the remuneration of the maintenance contract be reduced to reflect the fact that some of the jobs are now not required.
What maintenance jobs is the Chairperson undertaking that were previously covered by the maintenance contract – gardening? sweeping? putting out the bins? Who is doing these jobs when (and if) the Chairperson becomes ill or is on holiday?
Is it on the record that the Committee has approved the Chairperson taking on some of the maintenance? Is the Chairperson being paid to undertake this work? What are the insurance implication? Is there a conflict of interest?
This issue depends on how much of the original contracted duties of the Body Corporate Manager (BCM) the particular Committee member has taken over, what they have decided to take over, and why they have decided to take over.
Even though a BCM has a contract with the body corp to undertake certain duties this does not mean that the Committee are not permitted to assume their legislated roles ever again during the life of the BCM contract. The legislation permits the Committee to retain their roles should they feel the need to do so e.g. a Secretary may still call a meeting.
What I would be watchful of is the Committee chairperson taking on roles and functions that belong to other Committee members, such as the specific roles of the Secretary and/or the Treasurer. These roles are outside of the authority of the Chairperson. This, to me, would present more of a problem.
Something that is not often understood by some Chairpersons is that although the title of ‘Chairperson’ sounds important the Chairperson himself/herself has a very a limited role in the Committee e.g. limited to Chairing the meetings. Both the Secretary and the Treasurer arguable having a far more significant and impactful role in calling meetings and in undertaking other administrative tasks.
The chairperson does not have more authority than anyone else on the committee.
Transparency is the key issue. Are the records being kept in a satisfactory manner now that the Chairperson has ‘taken over’?
I have personally experienced situations where a dominant Chairperson tried to take over the roles of every other Executive Committee member, and the BCM. It was a not a pleasant couple of years!
BONNIE L – Perhaps the dishwasher or washing machine are old and are no longer operating as quietly as they should be.
These items may be the responsibility of the owner to replace rather than the tenant. Perhaps the owner needs to be notified about the noisy appliances?
BONNIE L – Are your bins individually allocated to each specific Lot i.e. do the bins have an identification number that corresponds with each Lot? Or are the bins for general use?
Bonnie L – Can you provide some details about what appliances may be causing your problems? Washing machine, dryer, TV etc???
Stevecro – It is one of the many duties of the Secretary to propose a motion to confirm the previous minutes. If this power has been delegated to the Strata Manager then the SM must propose this motion.
Below is an extract from the Office of Fair Trading:
Powers and duties of the Secretary
The powers and duties of the Secretary of an owners corporation include:
- preparing and giving minutes of meetings and putting a motion to confirm the previous minutes
- giving notices for the owners corporation and its strata committee
- keeping the strata roll
- giving information to a person for the owners corporation under section 184
- answering correspondence addressed to the owners corporation
- convening meetings of the owners corporation and its strata committee (apart from its first AGM)
- doing all administrative and secretarial duties for the owners corporation and the strata committee
Confirmation of the previous Minutes is the first order of business on the Agenda and is Resolved via a vote. Confirmation of the Minutes is recorded as:
“RESOLVED that the minutes of the Body Corporate Committee Meeting held on XX XX XX be confirmed as a true and correct record of the proceedings of that meeting.”
bim – Can you please provide some additional information?
What was it about the Minutes that you did not like? Do you believe they were an inaccurate representation of what occurred at the Meeting, or was there something else that displeased you?
I agree with JT.
I personally believe that the foyer of the building shouldn’t be allowed to become tired and rundown. First impressions count …. even for the existing occupants of the building.
An occupant should feel proud of their building from the first moment they step into the building. Owners who feel pride in their surroundings are more likely to take care of it and treat it with respect.
That being said a “sensible” budget (but not necessarily a “frugal” budget) that reflects: the style of the building; its setting; and its clientele needs to be established at the outset.
Cosmo – The cat debate and whether cats kill wild life is not something that NCAT will get involved in.
The issue is whether it is reasonable for the OC to prohibit something based on some subjectively unproven future event.
In my opinion it is not reasonable for the OC to ban a cat based on your reasoning, regardless of how individuals within the OC personally feel about cats.
Your OC is entitled to place conditions on the approval to keep a cat. If the conditions are breached then the approval can be withdrawn by the OC.
Conditions may be that the cat is to remain indoors within the apartment at all times when the occupants are absent from the apartment, and may only be permitted within the confines of the outdoor courtyard under the strict supervision of an adult occupant.
Olivia – Why can’t a sign be placed on the door of the storage area that goes something like this:
“Conditions of Use: The Owner’s Corporation is not responsible for the theft or damage to any goods stored in this area. Occupants who store goods in this area agree that they are doing so at their own risk. Illegal, dangerous and flammable items are banned at all times from this area. If you do not agree to these Conditions then you must not store your goods in this area.”
To be able to give tacit approval to the Conditions of Use the occupants must be able to see the sign before they enter the storage area.
Would that work in your situation?