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Viewing 15 replies - 196 through 210 (of 1,096 total)
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  • in reply to: Dubious checks lead to insurance bill #31064
    scotlandx
    Flatchatter

      You don’t, they’re not your employees. 

      Tell them to cancel the policy and refund you both lots of money immediately.

      in reply to: Voting for security cameras #31058
      scotlandx
      Flatchatter

        No you can’t proceed. Call a face to face meeting, that way they have to vote.

        Perhaps try and leave gender out of it.

        in reply to: Renovations inside my unit #31054
        scotlandx
        Flatchatter

          I suggest you give the full scope to the strata manager, they can advise as to whether the works come under section 109 or 110.

          in reply to: Family ties lead to committee chaos #31053
          scotlandx
          Flatchatter

            Section 31, refer in particular section 31(1)(d).

            http://classic.austlii.edu.au/au/legis/nsw/consol_act/ssma2015242/s31.html

            in reply to: Driving on Common Property #31029
            scotlandx
            Flatchatter

              The best way to find out is to ask the insurance company – if a 14 year old is driving a vehicle on the common property and smashes into something will you pay for the damage?

              You can then give their response to the landlord of the tenant and demand he take appropriate action.

              in reply to: Water damage from another tenant #31028
              scotlandx
              Flatchatter

                Yes it should, assuming they have insurance. It is surprising how many people do not.

                I suggest you put it in the hands of your insurers who should then claim from their insurers (if they are insured).

                The only other question is whether the floor is common property – have you checked that?

                in reply to: By-passing special resolutions and by-laws #31024
                scotlandx
                Flatchatter

                  Kenuppa – are you in Queensland? If so I am not in a position to answer that question. It is my understanding amendments were made to the Building Act in that jurisdiction to allow for installation of solar panels – the Committee can impose conditions. 

                  Have a look here.

                  http://mccolmmatsingerlawyers.com.au/installing-solar-power-in-a-unit-complex-maroochydore-sunshine-coast-lawyers/

                  In NSW you would be granting exclusive use of the relevant area so that the panel could be installed, usually you would look at a by-law that includes provisions relating to the owner taking responsibility.

                  In that case there is no time limit (unless the by-law says that there is), an exclusive use by-law runs with the property.

                  in reply to: By-passing special resolutions and by-laws #31021
                  scotlandx
                  Flatchatter

                    The simple answer is no.

                    A lease of common property requires a special resolution of the owners at a general meeting, the Committee does not have the power to approve a lease of common property.

                    If the owners approve it, the lease must be lodged with the Registrar General. Note that a term exceeding 5 years requires a plan of subdivision, and according to the Land Registry website is not acceptable.

                    http://rg-guidelines.nswlrs.com.au/strata_schemes/after_scheme_commenced/lease_of_part_of_the_common_property

                    Essentially, you can’t use a lease to get around the requirements of the Act. After the period of the lease anything on the common property would have to go.

                    in reply to: Family ties lead to committee chaos #30999
                    scotlandx
                    Flatchatter

                      That’s the problem. In the case cited by alfredo you need a strong Chair who advises that the partner and siblings are not owners, and therefore have no right to attend the meeting and should leave. The meeting is a meeting of owners, not owners and their entourage.

                      In the case where a proxy is appointed, it may be reasonable to allow both the owner and the proxy to attend, but in that case the owner should nominate who is going to speak at the meeting and stick to that. 

                      We had a meeting some time ago where an owner wanted to bring their lawyer – we advised that they could, but the lawyer could not speak, unless they were appointed as a proxy.

                      Note that for companies, if you are a member/shareholder, that gives the right to attend, speak and vote at general meetings – the provisions are very specific. For some companies limited by guarantee, members of different classes only have the right to attend a meeting, and not to speak or vote.

                      Essentially you should not have multiple bites of the cherry, and use that to bully the other owners.

                      in reply to: Family ties lead to committee chaos #30984
                      scotlandx
                      Flatchatter

                        An owner can nominate any person to be a member of the Committee, provided they are not standing for election also. Then it is a matter of whether the person is elected.

                        The AGM or any other general meeting is a meeting of the owners, it is not a meeting of the Committee. So if an owner wanted a son or daughter to attend a GM on their behalf, they would have to give them a proxy for that meeting.

                        scotlandx
                        Flatchatter

                          I am very puzzled by this – the builders are responsible to maintain a safe site. Whenever we have done work the builders have had conniptions if there was any breach of site security.

                          JeremyS is right, contact Safework NSW urgently.

                          in reply to: Use of roof top #30976
                          scotlandx
                          Flatchatter

                            There is a difference between the membrane and anything that may be laid over the membrane to render the rooftop trafficable. In the latter case, something like decking doesn’t form an essential part of the rooftop.

                            Note that section 106(3) provides that the OC can determine not to repair, maintain or replace common property, if this will not affect the safety of the building or detract from the appearance of any property. (assuming the decking is common property, which is arguable)

                            I don’t know what the by-law granting exclusive use says, although you mention that the owner must not damage the rooftop – that would be the membrane. That seems to contemplate allowing the owner to install something on the roof over the membrane.

                            You might want to go through the records to see if there is anything about previous installation of decking, which I imagine would have been paid for by the person who had exclusive use.  Look at it this way, if you are the only one who benefits, why should the other owners pay?

                            in reply to: Liable For Stolen Plants? #30955
                            scotlandx
                            Flatchatter

                              I presume you are renting?

                              No, you are not responsible for replacing a stolen tree. 

                              in reply to: When is an owner deemed as unfinancial? #30943
                              scotlandx
                              Flatchatter

                                The issue is whether you are unfinancial on the date of the notice of meeting, and don’t pay before the meeting, refer clause 23(8) of Schedule 1. That is, you must pay what is owed as at the date of notice, before the meeting.

                                So the meeting being adjourned doesn’t make any difference, you have to pay before the original meeting.

                                Note the amount is the amount you owe on the date of the notice of meeting.

                                in reply to: When is an owner deemed as unfinancial? #30923
                                scotlandx
                                Flatchatter

                                  From the end of 28 days.

                                Viewing 15 replies - 196 through 210 (of 1,096 total)