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Yes. One person can hold all three positions in a scheme that has less than 100 Lots. The situation is obviously not ideal, but it is unfortunately sometimes necessary.
I agree with SH.
You could also write to the SM and Committee and claim that the upstairs neighbour is causing a “nuisance”. Residents must not use their lot in such a way as to cause a nuisance or hazard to another resident. Clearly the watering is causing a nuisance.
See, beginning on page 38, “If Things Go Wrong”
https://www.fairtrading.nsw.gov.au/pdfs/About_us/Publications/ft045.pdf
You could also suggest to the Committee that a Motion be put on the Agenda of the next General Meeting that a By-Law be created that outlines the reasonable hours and days when washing of balconies is permitted. Or you could summit such a Motion yourself.
At least that way you could prepare yourself for the deluge and not be surprised by it.
Does this you tube video about window winders assist you?:
Dickinson7 – Are the hedging plants located on common property or are they located within the owner’s Lot boundary?
If they are located on common property then they can be removed by the OC. If they are located within the boundaries of a Lot then that is a totally different issue.
Ziggy – This is my opinion …… Your Motion was probably not specific enough and was probably not adequately professionally justified enough, perhaps that’s why it failed.
These types of costly projects probably require a more measured approach.
Your OC appears to have attempted a rather ‘scatter gun’ approach to the issue – would the lift function better with a new controlling mechanism or does the whole thing need replacing??? It all seems rather confusing. Have your owners been sufficiently informed enough of the best options to make this assessment?
Also, your OC has not appeared to have followed through in obtaining the sufficient number of quotes for any of the types of works – either refurbishment or replacement.
Are you on the Committee? If you are then if I was you I would raise a Motion at the next Committee meeting to commission an independent survey of the lift to be undertaken by a Lift Consultant.
Your Motion should specify that the lift be surveyed and a Report be written and received by the OC within 4 weeks.
Your Motion should specify that the Survey Report from the qualified Lift Consultant will do the following:
- Assess the condition of the lift.
- Assess the life span of the lift.
- Outline the expected expenditure over the short, medium, and long term. NB: These costs will need to be factored into your scheme’s 10 Year Capital Works Plan.
- Analyse the lift requirements of the building.
- Specify a replacement or refurbishment to give the maximum value allowed within the budgetary constraints of your strata scheme.
- Suggest cost outlays for each option.
- Provide specifications for the works.
- Offer guidance on which course of action to take.
- If recommending refurbishment over replacement will highlight key areas to address to ensure the lift does not fail through neglect.
When the specifications are clear in intent, the correct pricing from the lift contractors can be achieved, which results in savings for the residents in the long run.
NB: An email recommendation from a lift consultant (as per (3) is probably not sufficient).
If a need for replacement or refurbishment is identified then the committee should adopt the recommendations in the Report, and recommend the implementation of the findings in the Report to the owners.
Then, send the report to all owners. Have an informal meeting of the owners to discuss the report if necessary. This will ensure that all owners are informed of the need for the works. The plans for the lift works need to be clearly identified and explained to the owners e.g. explaining why the works are to be undertaken and what they are planning to achieve, outlining the budget costs and timescales for the works.
The correct level of information to owners is critical at this stage to ensure the project is well received and can be accepted by all. Often major works cost substantial sums of money, which can be an emotive subject, but well produced evidence and plans can ensure the reason for the works is clearly demonstrated.
In the meantime obtain at least 2 quotes based on the specifications outlined in the Report by the Lift Consultant. Then present the Motion with the quotes to a General Meeting as a Motion with Alternatives.
If the refurbishment or replacement fails at this point then you have a trigger to go to NCAT. Your owners would be failing to act on a problem that has been identified in a professional report.
When your OC has approved one of the quotes then the work can begin. Try and negotiate a longer warranty period for the lift and/or parts if possible.
I would recommend employing the services of the independent lift consultant to oversee the work of the lift contractor if you are undertaking a full replacement to ensure all works are in accordance with expectations.
Lift life expectancy is dependent on (1) age, (2) maintenance, and (3) usage.
Below is a small sample (from various sources) of the frequently made commentary on the life expectancy of a lift. I live in a 1970s building with an old lift. Some of the comments are sobering:
How long elevator equipment should last
“A common rule of thumb in the industry is an elevator older than 20 years is a probable candidate for modernization.”“Equipment from the 1970s generally had a life span of 25-30 years and lifts from the 60s even longer.”
“The refurbishment of a robust lift may even give you 25-30 years’ service with the potential to refurbish again after that time.”
“After 20 to 25 years of service elevators will reach the end of their cost effective lives. During this period the building may experience decreasing performance along with a increase in service calls. These indicators are clear signs of potential problems and slipping reliability.”
“Remember, it is better to plan for major works to the lift, rather than fire fight as components fail.”
“An independent survey report is the most cost effective way to check on the current condition, future life span and potential expenditure over the short, medium or long term.”
Ziggy – Yes. The OC has an obligation to repair and maintain the lift.
Can you tell us the exact wording of the AGM Motion where the repairs of the lift were refused? Who raised the Motion? Was any explanatory material included with the Motion?
Industry best practice is for the OC to obtain an independent compliance and equipment assessment report every 5 years from a lift consultant. Has your OC had a report done recently on the lift? If not then you should raise this at your next committee meeting, and have the committee approve the obtaining of a report. The cost of a report should be well within the committee spending limit and should not need to be approved at a general meeting.
The findings and recommendations in the report will then be able to assist your OC in deciding what to do next.
As you are the only person on the SC who lives in the building you can request that you be designated as the person responsible to report to the lift service provider when defects occur such as: when the lift does not level correctly at floor level; lack of smoothness of operations; unusual behaviours such as stopping in mid flight; and noisy and violent door operations etc. These are all indicators of problems with the lift.
Current legislation states that a 10 Year Capital Works Fund Plan must be be place and must be amended and adjusted each year. CWFPs need to be approved annually at the AGM. Lift repair and replacement should be included in this Plan. Does your strata scheme have a CWFP and what does it say about lift repairs and/or replacement?
taps – The legislation does not seem to indicate that annual compliance checks for window locks are required.
Windows and their fittings are common property. Windows are not checked annually.
There is an expectation that owners will notify the OC if there are maintenance issues with common property – this would include the window locks.
Windows only need to be locked when children are in the apartment. For those occupants who do not have children and who have not engaged the locks it may be prudent for them to check that the locks are working every so often, and notify the OC if they are not working.
The situation is a bit different with properties that are tenanted. Landlords and tenants entering into a new tenancy agreement must use an up-to-date Residential Tenancy Condition Report which lists window safety devices. The Tenant would need to note any defective window locks when they carry out their initial Condition Report.
If a tenant is subletting then they may be in breach of their rental conditions. Perhaps the real estate agent that is handling the property should be notified, and/or the owner of the Lot. They may not be aware that subletting is occurring.
Council may not have an input into overcrowding, as the SM has stated, but the new strata Act permits the OC to pass a by-law against overcrowding. Perhaps your scheme can adopt such a by-law at the next General Meeting.
Here is an extract from the OFT site regarding over crowding:
“Overcrowding can impact on the amenity of residents living in a strata scheme and pose significant health and safety risks. Common problems that arise can include noise problems, excessive water use, and insufficient parking in the complex. It can also place a strain on facilities and common property, and create fire hazards.
The reforms allow owners corporations to make a by-law limiting the number of people who can reside in a lot (but schemes must still allow no fewer than two adults per bedroom), so that strata schemes are able to better manage overcrowding.
Schemes wanting to impose such a limit will be able to introduce a by-law by passing a special resolution.
If any owner or tenant breaches the by-law after the notice has been issued, the owners corporation will be able to apply to the Tribunal, and impose penalties of up to $5,500 for the first offence and $11,000 for each and every subsequent offence detected within 12 months of the imposition of the earlier penalty. Larger families will not be discriminated against because the by-law will not apply to children and an overcrowding by-law cannot be inconsistent with the planning approval for the building.”
Beth99 – I think that I am understanding your concerns a little better now.
Please correct me if I am wrong – You are on the committee as an ordinary member and you want to be an executive member. You did not receive enough votes from the other 5 committee members to achieve your goal of obtaining an executive position when the committee positions were voted on by email, therefore you are looking at the legality of the committee voting to see whether it was conducted properly. In doing so you have discovered some irregularities.
Yes – it appears that your concerns are justified in at least two areas (1) voting by unfinancial member(s), and (2) voting on committee positions by email.
After you have read through the information below you will realise that it puts you in a conundrum. Do you bring all of these facts to the attention of the SM and the committee and have all office bearer positions invalidated which will allow the members who are unfinacial to become so, or do you bring only the first part of them (the ‘unfinancial part’) to the attention of the SM and the committee in the hope that you achieve an executive position by default?
Here are the facts:
A member of the strata committee is not entitled to vote at a strata committee meeting if they are an unfinancial owner of a lot in the strata scheme when the notice of meeting was given and the amounts owed by them were not paid before the meeting. (See para below regarding ‘notice’).
Therefore, if the secretary or any other executive position was unfinancial at the time the notice was given about the voting for committee positions, and they did not pay the arrears before the meeting, then their position would be invalid and it should be awarded to the person who received the next highest vote.
Each member of the strata committee, and every lot owner, must be given a notice of an intended strata committee meeting at least 3 days before the meeting is due to be held.
Even more importantly, the election of office bearer positions are not permitted to be voted on by email.
Here is an extract from the OFT site:
Voting by email, teleconference or other technologies
A strata committee may pass a resolution to adopt any of the following means of voting by the committee:
- voting by teleconference, video-conferencing, email or other electronic means by a member while participating in a meeting from a remote location, or
- voting by email or other technological means before the meeting at which the matter is to be determined by the committee. This can include accessing a voting website or even a Facebook page. This form of voting cannot be used for the election of officers of the strata committee.
No, you don’t need to resign.
Does your strata scheme have an annual service check on the lift – what have the reports been saying about the condition of your lift? Are there important safety issues that are being ignored?
Without a condition report, and without a documented refusal in the Minutes from the OC and/or committee to repair the lift, then you do not have sufficient material to take to NCAT, and you run the risk of having your application rejected.
If I was you I would investigate the cost of obtaining a lift consultant’s report on your lift. Just a quick internet search has discovered a couple of companies that you could obtain a quote from:
https://www.liftsconsultant.com/what-we-do
https://jcalifts.com.au/strata/
If the committee are not interested in pursuing this issue then you can submit your own Motion to the next general meeting. Your Motion could go something like this
Motion: Lift consultant report.
That the owners corporation resolves to obtain a condition report and feasibility study from a qualified and reputable lift consultant xxxxxxxxxx at a cost of $xxxxxx to assess the condition of the lift and to determine whether the lift needs refurbishment or replacement; and that the report is to completed by xxxxxx .
After talking to some companies you can fill in the name of the company that you feel comfortable with, and fill in the cost of the report, and fill in the date.
Your explanatory material could include some points about why the report is necessary. You could perhaps use some extracts from the following legal opinion from Meuller and Co Lawyers: https://www.lookupstrata.com.au/nsw-lift-refurbishments/ or from one of the lift consultants that you may have contacted. These companies have dealings with strata so may be able to advise you on the best way forward.
If the OC does not support the obtaining of a lift consultant report and the majority votes NO then you have a trigger to go to NCAT.
After watching the video …. all I can say is that it seems to take a long time to load the car, and the loading mechanism takes up a lot of space when it is loading. I wouldn’t want to be another owner who is waiting in my car trying to get past all of this to either exit or enter the car park.
These flooring elements are what are generally accepted as being common property:
(a) original floorboards or parquetry flooring affixed to common property floors
(b) mezzanines and stairs within lots, if shown as a separate level in the strata plan
(c) original floor tiles and associated waterproofing affixed to common property floors at the time of registration of the strata plan
(d) sound proofing floor base (eg magnesite), but not including any sound proofing installed by an owner after the registration of the strata plan.The floating floor that you installed is not common property.
You do not have to apply for permission from the committee or the OC to lay carpet – it is a “cosmetic” renovation
SSMA2015. Just go ahead and do it.If your scheme has an existing by-law that states that carpet installation needs approval then the existing by-laws which conflicts with the the new Strata Act are invalidated by the new Strata Laws.
You will note that carpet has not been classified as common property, neither the original carpet, nor any latterly installed carpet .
Beth99 – Dingo’s response is solid. It may catch out a few of the owners who are in arrears.
There are two ways to arrange for a general meeting:
- the secretary or strata committee may call one at any time, or
- if owners entitled to vote, who together hold at least a quarter of the total unit entitlements, ask for a meeting. They would need to give written notice to the Secretary asking for the meeting to be held. If the Secretary is away, the notice can be given to another strata committee member.
Here is a link to a legal opinion about voting and arrears:
https://www.lookupstrata.com.au/nsw-owner-unfinancial-levies/
I am a bit confused about what your concerns are.
Are you concerned about non-financial owners voting at general meetings? or
Are you concerned about non financial committee members voting at committee meetings? or
Are you concerned about the arrears collection process?
Is the secret ballot vote for committee members a secret ballot at a general meeting?
Is the secret ballot vote a vote for general positions (and specific positions are decided at the committee meeting immediately following the general meeting) or is the secret ballot vote for specific positions at the general meeting?
Can you provide an example of the Motion where a secret ballot was called for?
How many committee members are permitted at you scheme? If you missed out on a position do you think that you may have a better chance if the number of permitted positions was increased (bearing in mind that the maximum limit under the Act must not be exceeded.) NB: You are able to raise a Motion for resolution at a general meeting to increase the numbers of committee members if the maximum limit has not been reached.
What is the process at your scheme for issuing a Notice to Comply with a by-law? Is it by general meeting approval or has the authority been delegated to the strata committee, or has it been delegated to the strata Manager? A notice must be issued before any further action can be taken to enforce the by-laws.
Whoopi – (1) Honorarium.
Why don’t you submit a Motion to be included at the next AGM that states what you believe the Honorarium should be? It may not be wise for you raise a Motion stating that the Honorarium should be $0 but you could word it something like this:
Motion to grant Honorarium.
That the Owners Corporation approves the granting of an honorarium of $xxxxxxx to xxxxxxxx for services rendered to the Owners Corporation since the previous AGM.
You could make the amount a small sum e.g. $100.00 or $200.00.
Submitting your Motion in words of your own choosing puts you in the ‘driving seat’. The other owners can either vote YES or NO.
(2) Tribunal findings.
Do you have a copy of the Tribunal findings? If the SM refuses to circulate the Tribunal findings then why don’t you circulate the findings to all the owners in your building via a letter box drop?
You have a right to view the Strata Roll. You could mail the findings to the owners who do not live on site. You could include an explanatory covering letter. Make sure that any letter that you include is not defamatory in any way.
(3) Incomplete Minutes
If you believe the Minutes are not correct then you have the right to correct the Minutes by way of correspondence to the SM. Corrections should be reflected in the Minutes of the next meeting. If the SC refuses to include any corrections then your correspondence will, at least, be on file.
It appears that the SM may be sending a rough draft of the Minutes to the Chairperson or the Secretary, who may then be ‘bleaching’ them to reflect their own agenda.