Forum Replies Created
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excathedra – Your scheme, which contains 35 lots, will have 1 proxy vote. A scheme which contains 40 to 50 Lots will have 2 proxy votes.
If you are unable to conduct ballots for Motions at General Meetings then I suggest that you raise a Motion to obtain support for pre-meeting electronic voting.
An owners corporation can decide by ordinary resolution with a simple majority to allow voters to vote electronically. If this happens, your ‘absentee’ owners can send an electronic vote to the secretary. Electronic voting is very common in other States. This may avoid your proxy dilemmas and also solves the issue of attendance for the purposes of achieving a quorum. An absentee ballot is deemed to be an attendance.
Note that electronic voting cannot be used for the election of committee members.
See the comment to zerotwoalpha.
zerotwoalpha – Here is an extract from page 31 of
https://www.fairtrading.nsw.gov.au/pdfs/About_us/Publications/ft045.pdf
To be entitled to vote, lot owners (or a nominee in the case of a company-owned lot) must first give a notice of a right to vote to the secretary of the owners corporation. The notice must be shown on the strata roll. The owners corporation can decide how meetings are to be held and the method of voting. This includes enabling voting and/or meeting participation through technology such as email, teleconference, video conference calls and the use of voting websites. Pre-meeting electronic voting is another option that owners corporations can choose to allow (through a general resolution vote). Electronic voting cannot be used for elections.
And
If agreed to by the owners corporation, meetings can be attended remotely by phone or another means. (My emphasis added)
Tenants rights are located on page 32.
To avoid the default position of the proxy vote, which may not suit every scheme, I suggest that your friend asks the owner of his Lot to raise a Motion to be included at your General Meeting to allow pre-meeting electronic voting for those owners who cannot be present at the meeting (aka an absentee vote). That way every owner, whether they are present or absent, gets an opportunity to submit their own vote.
However, as your friend’s EGM has already been called any such Motion will not be able to be included on the Agenda at this meeting, but it may be included on the Agenda of the next meeting.
Proxy votes are the only alternative in your friend’s current situation if they are unable to attend the meeting in person.
Sir Humphrey – Unfortunately our large spread out townhouse scheme in QLD was largely leased for tourist accommodation, with very few resident owners. Tourists used to sneak their animals onto the scheme without approval of the body corp or the particular Lot owner, and without the knowledge of the on site building manager.
Most resident owners were responsible pet owners. However, none of the resident owners knew which of the unfamiliar ‘wandering’ animals belonged to which tourist owner in which Lot.
Different methods of animal/pet control work for different scheme needs, I guess.
jpeak600- The owners corporation must repair common property, and owners must repair anything within their lot.
It is my understanding that one of the powers provided to an owners corporation is the power to maintain the value of the property as a whole for the benefit of all owners.
If the poorly maintained balcony is significantly adversely affecting the outward appearance of a lot and thereby possibly devaluing the building as a whole, and/or breaching a by-law, and/or is an occupational health and safety hazard, then the owners corporation has the right to request that the owner undertakes a repair of the balcony.
Is the property with the poorly maintained balcony tenanted, or is it owner occupied?
If the property is tenanted then the owner will need to be notified.
It must be taken into consideration that the necessity for repairs is subjective in some instances, and that different people have differing thresholds for triggering a repair within their Lot.
Sometimes it is necessary to make decisions between meetings. The issue with these decisions is transparency.
In QLD we have something called a “Flying Minute” (also termed a Vote Outside a Committee Meeting or VOC) which allows decisions to be made by the EC between meetings.
It is expected that FMs would be used in limited circumstances only and where the decision was of an important and urgent nature.
To maintain transparency the requirements are as follows: The QLD legislation does not say how much notice must be given for the motion or when votes must be made. Voting is conducted by email with a YES or NO answer. Motions will be accepted if agreed to by a simple majority of the EC. Copies of the email responses will be printed and kept as a record. As soon as possible after the motion has been given to the committee, it must be provided to lot owners. A record of the motion voted on must be given to all committee members and all owners within 21 days after the motion is decided. At the EC Meeting following the FM the motion and the outcome must be noted and recorded in the Minutes.
In an emergency, notice of the motion only needs to be given to those committee members that it is reasonably practical to contact.Votes can be made verbally or in some other form. Advice of the motion can be given to owners when it is reasonably practical to do so. Any motion voted on outside a committee meeting must be confirmed at the next committee meeting.
Rhea – Re “substantive application” …..My understanding of a “substantive application” is that the application must have some basis (such as a breach of the Act or an infringement on a right), and evidence must be provided. In other words it must not be frivolous or irrelevant. NCAT would no doubt wish to discourage ‘time wasting’ applications.
Bonnie L – Re Lannocks and “20% of what” …. why don’t you phone them and ask. I am sure that they would be happy to answer your query.
steven strata – Proxy details can be found in SSMA 2015 Schedule 1 Part 4 Sections 25 and 26 https://www.austlii.edu.au/au/legis/nsw/consol_act/ssma2015242/sch1.html
The number of proxy votes held by the strata manager depends upon the total number of Lots in the scheme.
A proxy cannot be used by a building manager to obtain a financial or material benefit for the proxy holder.
An extract from the strataman site on this issue:
‘Limit on number of proxies held by one person
The total number of proxies that may be held by a person (other than proxies held by the person as the co-owner of a lot) voting on a resolution are as follows:
- ONE proxy if a strata scheme has 20 lots or less
- if the strata scheme has MORE THAN 20 lots, a number equal to NOT MORE THAN 5% of the total number of lots
(IMPORTANT – Any fractions are IGNORED when calculating the 5% – so 2.5 becomes 2 for a 50 lot scheme).
This is the bottom-line: (as per the legislation calculations)
- 2 to 39 lots – 1 proxy (remember to ignore any fractions)
- 40 to 59 lots – 2 proxies
- 60 to 79 lots – 3 proxies
- 80 to 99 lots – 4 proxies
- 100 to 119 lots – 5 proxies
- 120 to 139 lots – 6 proxies
- 140 to 159 lots – 7 proxies’ etc
Weetbix – In addition, for an ordinary strata committee meeting (i.e. not a General Meeting) SSMA 2015 Schedule 2 Part 3 Section 8(2) may help:
Part 3 – Meeting procedure
8 Chairperson to preside
(1) Chairperson to preside The chairperson of the owners corporation is to preside at any meeting at which the chairperson is present.
(2) Presiding member where chairperson absent In the chairperson’s absence from a meeting, the members of the strata committee present at that meeting may elect one of their number to preside at that meeting and the person so elected is, while so presiding, taken to be the chairperson.
(3) Chairperson does not have casting vote The chairperson does not have a casting vote in relation to any motion but may vote in his or her own right if otherwise entitled.
(4) Chairperson may be only person present A meeting is, subject to the provisions of this Schedule relating to the quorum, validly held even though the only person present at the meeting is the chairperson of the owners corporation.
Here is an article on solar powered EV stations installed at a Qld university. This may be an option in some strata schemes:
https://www.uq.edu.au/sustainability/ev
And another type of EV station installed at a strata scheme in Noosa:
Tiger – I have owned a Lot in a very large layered strata scheme on several hectares of land in QLD, with over 170 townhouses. Our by laws required that owners submit a photo of the animal when applying for permission to keep the animal. These photos were kept on file by the on site manager. I guess this was a type of “register”.
When a dog or cat was seen off leash or on common property without their owner then the on site manager was able to identify the animal and contact the owner. The on-site manager then informed the committee of these incidents. By-law infringement notices could then be issued by the body corporate for repeat offenders.
If an unidentified animal was seen on scheme land then the council dog catcher was called.
It was useful method of monitoring the behaviour of pets and their owners and the compliance with the by-laws, and also dealing with nuisance stray dogs that wandered onto the scheme land.
lpw – I live in Qld and am in your situation. My body corp by-laws state that approval is only required for replacement of flooring ‘other than the ground floor’. As Jimmy T advised, check your by-laws.
If you are in NSW – I don’t believe that the relocation of the HWS would be classified as a structural renovation given that the common property wall has already been opened to accommodate the A/C, however, this would depend upon how much bigger the hole will become to accommodate any extra pipe work for the HWS.
Instead, the relocation of the HWS could be classified as a Minor Renovation. You will still require OC approval at a GM (either EGM or AGM). Approval by the OC cannot unreasonably be withheld.
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.
Your anticipated work does not appear to fit within the “cosmetic work” classifications:
“Cosmetic work” includes but is not limited to work for the following purposes:
(a) installing or replacing hooks, nails or screws for hanging paintings and other things on walls,
(b) installing or replacing handrails,
(c) painting,
(d) filling minor holes and cracks in internal walls,
(e) laying carpet,
(f) installing or replacing built-in wardrobes,
(g) installing or replacing internal blinds and curtains,
(h) any other work prescribed by the regulations for the purposes of this subsection.
James79 – Which state do you live in?
deesee2304 – What do you hope to achieve from the audit? I am not sure what the audit of your strata scheme books will achieve. If you are searching for the profit margin of the PM in the Audit then in my opinion the profit will not show up there.
From where I sit you have a couple of options – none will have a rapid resolution and all require a vote at a General Meeting with obvious uncertain outcomes:
(1) You propose a Motion to have the OC take over the responsibility of the gas supply for NO PROFIT. This may appeal to all owners as this will lessen the costs to each and every owner. If you have evidence of a comparison of costs with and without the PMs profit added then this should be a powerful argument. The PM will no doubt fight you on this and will send out messages to all of his holiday accommodation owners to affect the vote his/her way. The timing of this option depends upon the Terms of the Contract – and may only be possible towards the end of the expiry date of the Contract.
(2) You have a by-law created that separates your gas supply from the scheme gas supply.
(3) You take this matter to NCAT based on all that you have revealed in your previous comments. There could be a Conflict of Interest between the PM being on the EC and voting on any matters that concern his business or his profits. The PM should not vote on any matter relating to the gas supply at your scheme.
As part of any NCAT submission: Has the PM revealed their direct or indirect pecuniary interest as per SSMA 2015 Section 71 or are they refusing to do so?
STRATA SCHEMES MANAGEMENT ACT 2015 – SECT 71
Interests must be disclosed by potential strata managing agents or building managers
71 Interests must be disclosed by potential strata managing agents or building managers
(1) A person appointed as the strata managing agent or building manager for a strata scheme who has an interest that must be disclosed under this section must disclose the interest to the owners corporation before the appointment of the person.
Maximum penalty: 50 penalty units.
(2) The following are interests that must be disclosed to the owners corporation by a person:
(a) that the person is connected with the original owner,
(b) any direct or indirect pecuniary interest in the strata scheme (other than an interest arising only from the prospective appointment).
The Tribunal can vary or terminate the Building Manager Contract but only on application from the OC, not an individual owner.
72 Strata managing agent and building manager agreements may be terminated or varied by Tribunal
(1) The Tribunal may, on application by an owners corporation for a strata scheme, make any of the following orders in respect of an agreement for the appointment of a strata managing agent or building manager for the scheme:
(a) an order terminating the agreement,
(b) an order requiring the payment of compensation to a party to the agreement,
(c) an order varying the term, or varying or declaring void any of the conditions, of the agreement,
(d) an order that a party to the agreement take any action or not take any action under the agreement,
(e) an order dismissing the application.
(2) If the Tribunal makes an order terminating the agreement, the Tribunal may also order the strata managing agent or building manager to return to the owners corporation, within the period specified in the order, any documents or other records relating to the strata scheme that are in the possession of the agent or manager.
(3) The Tribunal may make an order under this section on any of the following grounds:
(a) that the strata managing agent or building manager has refused or failed to perform the agreement or has performed it unsatisfactorily,
(b) that charges payable by the owners corporation under the agreement are unfair,
(c) that the strata managing agent has contravened section 58 (2),
(d) that the strata managing agent has failed to disclose commissions or training services (including estimated commissions or value of training services or variations and explanations for variations) in accordance with section 60 or has failed to make the disclosures in good faith,
(e) that the strata managing agent or building manager has failed to disclose an interest under section 71,
(f) that the agreement is, in the circumstances of the case, otherwise harsh, oppressive, unconscionable or unreasonable.
NB: I have owned a property (a town house) in a strata scheme in which each owner had their own gas cylinder and was responsible for their own gas supply. Depending on the physical layout of your scheme is it possible for your scheme to do this?
See this link which appears to indicate that a dry foyer may only require R9:
https://www.beaumont-tiles.com.au/portals/0/pdfs/tile-ratings.pdf