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WMB bear in mind this is for the tenant of the owner, so you could argue that it is unreasonable to be asked to do that, when the tenant could move.
Sir Humphrey also makes a good point, but put it back on the owner.
Aged Care Assessment Team.
No you’re not obliged to make those changes. The owners can decide not to, and then the owner has the option of applying to NCAT for an order. I think the question would then be whether the refusal is unreasonable.
In any case, I don’t think the OC should or would be expected to pay for something like that.
This happened to us – we gave notice to the real estate agent that the works had not been approved, and the agent was obliged to disclose that to any possible buyers. It was a condition of sale that any buyer had to agree to a by-law.
Real estate agents hate that, because they have to disclose it.
Come to think of it that makes sense.
Well that’s your answer, your property was damaged because of a defect in common property, the OC has to reinstate it.
Your rights are that due to a defect in the common property you no longer have a bathroom, therefore they have to pay to have it replaced.
You are also entitled to the costs associated with your tenants.
That is because your loss was caused by the fault in the common property.
It sounds like it is too late but you should have sorted this out with them before they ripped out the bathroom.
They should check with the strata insurer as to whether the insurance covers it.
I agree with Kaindub, a rule made just by the Committee is not the same as a by-law, and doesn’t have the same status. So for example you couldn’t apply to NCAT for a fine for breach of a rule.
The comparison with regulations which form part of the law isn’t correct.
The Act provides for the owners corporation making by-laws, it doesn’t provide for the Committee making rules as a subset. The enforceability of any by-law or rule comes from the Act.
It is bullying or a form of harassment – the end doesn’t justify the means, however frustrating you may find someone’s behaviour.
Anyone who thinks it is ok to send a demand for money with no legal basis, coupled in this case with an “interest charge” should know that that is fraud, i.e. a criminal act. It is the same as demanding payment of a fake tax debt. Stop it immediately, or you may find yourself in quite a bit of trouble.
Ignore them. 😊
I’m not sure what you mean by a cost recovery notice (recovery of what?) but it’s pretty simple, an OC can’t impose fines for a by-law breach. An OC has to apply to NCAT to impose a penalty for a by-law breach.
So you can ignore whatever these notices are. They can’t charge interest either.
However, a tenant is obliged to comply with the by-laws. The OC can apply to NCAT for the tenant to be fined, presuming they have issued notices to comply. I suggest you tell the tenant to comply or risk a penalty if the OC gets it right.
No. The Chair does not have any specific or special powers, other than those relating to chairing/running a meeting.
A lot of people think that being the Chair means they have more of a say, or can tell people what to do. That is not the case, and they should be pulled up on it.
In the example you give that is a matter for the SC as a whole, and then possibly the owners.
An APP entity is a business that has a turnover of $3 million or more, I am not sure a strata scheme is a business, and any scheme with less than $3 million coming in a year would be exempt anyway.
An owner must provide an address to the OC for the purposes of service of notices. That address may be either an email address or postal address. In practice, if an owner has provided a postal address for service of notices that is what appears on the strata roll. Section 178 provides that an owner must provide their email address for inclusion in the strata roll, but many people don’t, including me.
Kaindub – your post is full of code?
The second strata manager is wrong. The EC can choose not to have meetings, but they can’t make a valid decision without a meeting.
A meeting is one that is convened in accordance with the Act, with the required notice, and an agenda setting out any proposed decisions. How else can the other owners exercise their rights, including to serve notice of objection to a proposed decision?
I would ask both the manager and the Committee why they think they are exempt from those requirements when they purport to make decisions on behalf of the OC?
Yes I agree with JT but it is not standard meeting procedure for the Chair to issue the minutes and vouch for their accuracy.
The Secretary prepares the minutes, which are then circulated to the meeting participants for review and comment/change. At the next meeting the participants should confirm the minutes and the Chair sign them to reflect that.
This often doesn’t happen with strata minutes, but no reason why it shouldn’t.
Just ignore her.