Forum Replies Created
-
Replies
-
Stevenson – What are your reasons for not wanting to resolve this issue through NCAT?
HappyNow – Without knowing all the details perhaps the repairs were prioritised according to the most urgent need.
If you want all the repairs undertaken at once then why don’t you raise a Motion at the next General Meeting? The special levies will be higher if all repairs are undertaken at once which may cause some anxiety – however, as an option, your Owners Corporation may be able to use a Strata Loan. See the details re Strata Loan from Lannock Strata Finance at the bottom of this page.
If the walls are common property walls then it is immaterial whether the repairs directly benefit all Lot owners or not. The Owners Corporation (i.e. the Lot owners) own the common property so all Lot owners benefit from the repairs, albeit indirectly.
An Owners Corporation has a statutory obligation to maintain and repair common property.
Felix – In addition to Jimmy T’s wise words … All renovation works, which fall outside the definitions of “cosmetic works” and “minor renovations”, will require a special resolution pursuant to Section 108 (Changes to Common Property By-law) and/or a new by-law Section 142 (Common Property Rights By-law).
Bathroom renovations, if they involve waterproofing, will automatically require a special resolution and a new by-law.
Whether the kitchen renovation requires a special resolution or a new by-law depends on the scope of works. If only the cabinetry is being replaced then it will not require a a special resolution and a new by-law (i.e. only an ordinary resolution will be required), however if waterproofing is applied then this will trigger the need for a special resolution and a by-law.
Felix – The waterproofing is not a “minor renovation”. See below for what constitutes a “minor renovation”. From my assessment the other works that you have included may be considered “minor renovations”. Your owners corporation can include conditions on all the works e.g. the installation of acoustic underlay etc.
STRATA SCHEMES MANAGEMENT ACT 2015 – SECT 110
Minor renovations by owners
110 Minor renovations by owners
(1) The owner of a lot in a strata scheme may carry out work for the purposes of minor renovations to common property in connection with the owner’s lot with the approval of the owners corporation given by resolution at a general meeting. A special resolution authorising the work is not required.
(2) The approval may be subject to reasonable conditions imposed by the owners corporation and cannot be unreasonably withheld by the owners corporation.
(3)
“Minor renovations” include but are not limited to work for the purposes of the following:(a) renovating a kitchen,
(b) changing recessed light fittings,
(c) installing or replacing wood or other hard floors,
(d) installing or replacing wiring or cabling or power or access points,
(e) work involving reconfiguring walls,
(f) any other work prescribed by the regulations for the purposes of this subsection.
(4) Before obtaining the approval of the owners corporation, an owner of a lot must give written notice of proposed minor renovations to the owners corporation, including the following:
(a) details of the work, including copies of any plans,
(b) duration and times of the work,
(c) details of the persons carrying out the work, including qualifications to carry out the work,
(d) arrangements to manage any resulting rubbish or debris.
(5) An owner of a lot must ensure that:
(a) any damage caused to any part of the common property by the carrying out of minor renovations by or on behalf of the owner is repaired, and
(b) the minor renovations and any repairs are carried out in a competent and proper manner.
(6) The by-laws of a strata scheme may provide for the following:
(a) additional work that is to be a minor renovation for the purposes of this section,
(b) permitting the owners corporation to delegate its functions under this section to the strata committee.
(7) This section does not apply to the following work:
(a) work that consists of cosmetic work for the purposes of section 109,
(b) work involving structural changes,
(c) work that changes the external appearance of a lot, including the installation of an external access ramp,
(d) work involving waterproofing,
(e) work for which consent or another approval is required under any other Act,
(f) work that is authorised by a by-law made under this Part or a common property rights by-law,
(g) any other work prescribed by the regulations for the purposes of this subsection.
(8) Section 108 does not apply to minor renovations carried out in accordance with this section.
Note : Section 132 enables rectification orders to be made against owners of lots for damage caused by work done by owners.
Felix – Not all walls are load bearing. Non-load bearing internal walls are not defined as common property. Re-configuring non-load bearing walls is now classified as a “minor renovation” under [s110] of the new Act.
NB: The removal of structural walls would not be classified as ‘minor renovations’ and would therefore require a Special Resolution and a By-law.
Check with your local council for whether the removal of an internal non structural wall, where the dimensions of any room are changed, requires a Council Development Application. This may still be required by some Councils. The Council Development Application would require approval by the Owners Corporation.
See link for further analysis:
Felix – It appears from your comment that the renovations have been deemed by your owners corporation to be “minor renovations” under the new definitions in the latest legislation. The new SSMA 2015 [s110(5)] should allay your concerns with regard to any damage of the common property as a result of the renovations. In summary it states that an owner must ensure that any damage caused to any part of the common property by carrying out minor renovations is repaired and the minor renovations and any repairs are carried out in a competent and proper manner.
Approval under section 110 cannot be unreasonably withheld, and can be granted subject to reasonable conditions. If your owners corporation is particularly anxious then your owners corporation can approve the renovation conditional upon the owner signing an indemnity form covering repairs and damages to the common property.
snobl – Hmmmm. Something doesn’t sound quite legit here – you could be being told something that isn’t correct!
From the information that you have provided I do not believe that the EC can make such a decision. Decisions regarding common property involve Special Resolutions at General Meetings. This Special resolution should be followed up with a By-law or the Special Resolution has no effect see SSMA 2015 [s108(5)].
How is this area marked on your strata building plan? Is it common property?
If it is common property then who owns the washing machines and dryers? Are they owned by individual owners or are they owned by the strata scheme?
If they are owned by the individual owners then who gave the owners the authority to install these machines and use common property in this way?
Who is paying for the electricity and the water utilities for these machines? Are the 4 owners who have installed their machines in this area paying any lease or license fee to use this space?
If the machines are owned by the strata scheme then a roster of use should be formulated so that all owners and/or residents are able to access the machines via their designated access time – perhaps in 2 hr time blocks per owner per washer and dryer.
The ‘shared laundry’ (i.e. communal laundry) would most probably be common property. In the absence of any lease or license over the common property space by the 4 Lot owners then all Lot owners own the common property. Generally, a shared laundry contains machines that are owned and maintained by the strata scheme as they are common property assets. These assets are able to be used by all residents of the scheme.
I would be asking the EC to show you any documentation that proves that you cannot access this area for the purposes of washing and drying your laundry. You may need to resolve this issue by seeking Mediation with your EC via Fair Trading.
If you like the strata company but dislike the person allocated by the strata company to manage your scheme (i.e. your strata manager) then why don’t you contact the strata company and raise your concerns? Your strata company may be unaware that their staff (i.e.your strata manager) are not performing to the satisfaction of their clients (i.e. your scheme). Your strata company may be happy to allocate a different strata manager to your scheme rather than lose your business.
Apologies if this comment is similar to others as I note several people attempting to assist as I write …
If I was in your position I would ask to search the Minutes of the Meetings, particularly the General Meeting Minutes, to find out whether the correct procedures were followed which gave approval to the Lot owner to install solar panels on the common property roof.
Is the roof common property? How was this issue approved: Was a lease or license granted by Special Resolution? What were the terms and conditions that were imposed on the approval?
The Victorian Owners Corporations Act 2006 at Section 14 states:
Leasing or licensing of the common property
By special resolution, an owners corporation may lease or license the whole or any part of the common property to a lot owner or other person.
Answers to your questions:
Q1 – These types of approvals are on a first come first served basis. If the common property roof is “full” then unfortunately there is not much you can do about it.
Q2 – Why don’t you put a Motion on the Agenda that seeks to reserve a space for the common property panels should the Owners Corporation want to install panels at a future time? See Sections 52 and 53 of the Victorian Owners Corporations Act 2006 for the procedure for alterations and improvements to the Common Property by the Owners Corporation.
Q3 – Yes, most definitely. Owners should not only have been informed, they should have had an input into the approval process via a Special Resolution vote at a General Meeting.
The Act is here:
https://www.austlii.edu.au/au/legis/vic/consol_act/oca2006260/index.html
If you discover that something untoward has occurred then you have the option to use Section 152 of the Act, and the services of VCAT to resolve the issue.
Were you at the AGM a few years ago? Do you have proof that a Motion was approved and can other people back you up if asked to do so? If an owners corporation member believes the minutes have been recorded incorrectly they can use the dispute resolution procedure under the Owners Corporations Act 2006.
See here for how to go about this: https://www.consumer.vic.gov.au/housing-and-accommodation/owners-corporations/rules-and-resolving-disputes/complaint-handling
Maybe your 5 nominees would need to draw straws.
Yes. The committee must keep accurate minutes of every meeting. Among other things, the minutes must include the date, time and place, names of those present and all resolutions. Victorian unit owners are entitled to see the EC Minutes after each meeting.
Here is an extract from Consumer Affairs Victoria:
https://www.consumer.vic.gov.au/housing-and-accommodation/owners-corporations/meetings-and-committees/running-meetingsMinutes of a meeting
The owners corporation must keep minutes of all its meetings and make them available to all of the owners corporation members before the following meeting. The minutes, which are usually taken by the secretary, must record these matters, as a minimum:
- date
- time
- location
- names of lot owners present
- names of lot owners who have provided proxies
- names of proxies present
- text of all resolutions
- outcomes of any voting on resolutions.
If an owners corporation member believes the minutes have been recorded incorrectly for these particular matters, they can use the dispute resolution procedure under the Owners Corporations Act 2006.
For other matters that a member believes have not been recorded correctly, the resident should consult the owners corporation’s rules. For more information, view our Complaint handling in your owners corporation page.
Unfortunately your renovation involves waterproofing and this indicates that it cannot be classified as a ‘minor’ renovation. Has anyone in your building undertaken this type of renovation previously, and if so can you ask to see their by-law? Perhaps you can tweak it and create your own by-law along similar lines.
Also, there may be generic “off the shelf” by-laws that you could purchase for a cheaper cost then getting an individual by-law drafted. Solicitors, however, generally frown upon these types of generic by-laws.
Blueman – Does your scheme have a Visitor’s Car Park by-law? If it does then it is up to the scheme itself to decide how strictly they enforce the by-laws. Some schemes have a 3 hour limit on Visitor car parking but other schemes have no limit. In the case of no time limit then this defaults to the position of a “reasonable” time limit. These limits general depend on whether there is an on site building manager whose job it may be to police the time limits.
It is my understanding that the council rangers may have the authority to ensure that the number of visitor car spaces is as per the development plans but it would not be within their job description to mandate how the scheme polices its own by-laws with regard to the time limit for the visitor car parking. NB: Schemes are not permitted to use visitor car spaces for anything other than what they are approved to be i.e. car spaces cannot become a recreational lawn etc.
However, a commercial agreement can be entered into with the local council parking management services to monitor parking within a scheme. If you live in a scheme where visitors or non residents are continually parking illegally on your scheme’s common property then the owners corporation may seek parking management services from their local council. The council would need to agree, and charge a fee.
See here for more details: https://www.fairtrading.nsw.gov.au/ftw/Tenants_and_home_owners/Strata_schemes/Parking_in_a_strata_scheme.page