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The link said ‘read the post’ but it’s ‘listen to the post’. Please supply a transcript.
We are fortunate to have a good Strata Manager, although their role is primarily legal and accounting and the AGM. EGMs and day to day are handled by our Strata Committee.
I would certainly concur with a single attempt, in writing so there is an indisputable record of exchange, of specifying occurrences of dissatisfaction, with a ‘fix-by date’, either by a new manager (if the company is big enough to have more than 1) or a reformed existing manager.
If that doesn’t solve the problem, I’d get out the firelighters and stack them under the bridge.
No strata needs a roadblock strata manager. They are paid to be professional and to do without reminding the job the strata employs them to do.
Past forums have provided numerous contact details of good managers, often with multiple endorsements for individuals.
Maybe a simple application of oil/grease to the tracks and mechanism may solve the issue. We need to regularly lubricate our shared entry panel lift door.
Re some of the issues raised, whilst apparently solved for Shedrus, others may have similar situations.
Re minutes, the problem of having them changed before the meeting is copies of the minutes would have been distributed after the relevant meeting, and you cannot control accurate amendment of each copy issued.
A better way is normally at the start of AGM, EGM, SC meetings, there is a motion to accept the previous minutes. If they are in error, one normally draws attention to the error, and if agreed by those who attended the previous meeting, the amendment is written into the minutes of the current meeting by the secretary.
Re by-laws affecting common property, one Section of the Act is particularly relevant is 149, which allows the OC to go to the tribunal to get a by-law registered even when the concerned owner refuses consent for the by-law.
Also, re air conditioner compressors, most councils use the state rule that limits wall hung units to max height 1.8 m above ground
refer link https://www.legislation.nsw.gov.au/#/view/EPI/2008/572/part2/div1/subdiv3
Maybe not fully lost with today’s announcement, but a couple of questions
– what is the definition of ‘an owner living in a property’? They don’t own somewhere else? What if an owner goes overseas for 2 months and does airbnb for there house whilst they’re away ? Does this comply? what if they go overseas for 6 months? Does this comply? Over 12 months or even longer. Does this comply?
-where can we read the full text?
-is the announcement set in stone or can airbnb and others influence change to proposed legislation?If it is to be rented, are you tiling to freshen the place up. Have you considered a new floating floor, given existing is ‘noiseless’?
Certain owners in our Strata in NSW wanted to ‘artify’ the hallways on all levels of our buildings using ‘photo prints on canvas’. These can be reasonably economical, but when one owner is pushing a specific photographer, getting final agreement on the chosen prints was a nightmare. The upside is we could all see what was planned to be purchased, and the cost. Commissioning a works sounds fraught with disappointment for some unless an outline drawing is prepared and agreed. Good luck with your beautification of the foyer.
In NSW, there are regulations and most councils have the same or similar rules re how and where units can be installed. If you do an internet search on aircon installation rules, you will find most aircon suppliers have published guides. here is a link to one https://www.jaicrest.com.au/tipsandhints/airconditioning-noise
This might help also.
Re point 1 of suggested NSW rules, I don’t understand what is meant by Acting or proxy. The previous Act provided for, subject to EC approval, for substitute EC members. Clause 10 (1) schedule 2 I think covers the same substitution whilst being more general in how the committee determines the substitution is enacted. The definition of ‘Person Present’ specifically refers to Clause 10 Schedule 2 of the Act, which counts such a substitution as being present for quorum purposes.
Can you please clarify if this is so.
ThanksRe point 18 of suggested NSW rules, I cannot find in either the Act or the Regulations the prohibition on voting on ‘any other business’ in the Strata Committee.
I am aware Schedule 2 Close 7 calls for a detailed agenda, and recognise the limitation on electronic voting if an item was not described in the notice of meeting, but if the Chair allowed a vote, doesn’t Schedule 2 Clause 9 (1) allow a vote?
Can you please clarify where it is specified in either the Act or Regulations that a vote can’t be taken if a quorum is present.
ThanksI’m sorry I don’t have a good answer, but a problem for wizardofoz is the slumlord with 2 out of 7 units has 28% vote and can block any new by-law. Any one got a solution?
Yes Jimmy, very interesting. Sect 41 of the Act uses the word ‘appoint’ with regards to officers, not the word ‘elect’
Part 2, Clause 11, Sub-clause 6 of the legislation says
(6) If a ballot for the election of a person as chairperson, secretary or treasurer of the committee is required, the election is to be conducted by a show of hands of persons at the meeting.
This is distinct from election to the sc itself.
Also interesting that Sect 41, subclause 2 of the Act states
(2) The chairperson, secretary and treasurer of the strata committee are also, respectively, the chairperson, secretary and treasurer of the owners corporation.
That is, you don’t vote for these positions for the OC, it is an automatic by-product of being elected too the position on the SC
Hi Costa
Re the email (electronic) voting, there are a couple of references in both the Act and the Regulations, which on the face of your posting, may not have been correctly followed.
Clause 10 of Schedule 2 of the Act allows electronic voting, but only after a suitable resolution has been passed. If so passed, it must be minuted in a “full and accurate” minute as per Clause 17 of Schedule 2 of the Act.
Within the Regulations, Part 2, Clause 14 details the process for ‘Other means of voting’. Within this clause, sub-clauses 3 & 4 detail how the notice of meeting (agenda) must contain statements re possible modification of a resolution. Often see in our strata resolutions of SC are modified or qualified after discussion.
Further reading of Clause 17 of Schedule 2 of the Act shows that not only
- MUST cause to be kept a record of its decisions
- MUST give each owner (you at 42 units are a small scheme) a copy of the minutes within 7 days of a meeting of a Strata Committee OR the passing of a resolution by the Strata Committee.
If this is not happening, I believe Section 238 of the Act can be used to have all the committee removed as they are failing to exercise ‘due care and diligence’.
Hope this helps.
Well said Jimmy, I suspect that in the Strata World there is a very large number of people regularly visiting their chemist to buy bulk chill pills.
Sorry Jimmy, I should have clarified to context. The summary as I saw i was in the context of an SC meeting. The ‘rule’ however can be usefully applied to both AGM and SC meetings