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I thought that was the case, it didn’t make sense. I don’t mind, but being upfront is preferable.
The by-law has to be registered with the Titles Office. You should check with the strata manager.
I don’t know the ambit of the permission you have been given and who gave it, have you got Council approval? I’m a bit confused because at the start of this you didn’t mention having been given approval. As a few of us said, exclusive use is different to being given approval to change common property.
There isn’t one. That is a new provision.
Well, at least he is asking. The questions you raise you should be putting to the person requesting permission.
As a start, if someone wants to do that, they will probably need Council permission – a wood fired oven in a car park? Insurance?
I wonder if the exclusive use by-law was registered…if it wasn’t then that is a whole other issue, as it would have no force.
As you are an owner you can just ask the Strata Manager for a copy of the exclusive use by-law.
Re this:
The previous lot owner, who had “exclusive use”, damaged the roof by hammering floorboards into the waterproof membrane, but every lot owner had to pay to get it fixed (and still do if there’s damage caused by us). Does this weaken our hold on the “exclusive use” area?
That is odd – that has nothing to do with exclusive use. If an owner does something that damages common property, or adds something to the common property without permission, then as a starting point they are responsible for that damage or addition. This is taking into account we don’t know what the by-law says, but I doubt that the by-law says that the previous owner could install something like floorboards on top of the roof. Similarly if you now caused damage you are responsible, not the other owners.
In terms of “fixing” the by-law, you could put a motion to a general meeting to revoke it, but I assume you want to continue to have exclusive use. I suggest that you first get a copy of the by-law and see what it says.
The Secretary prepares the minutes (whether that is the Committee member in that position or the strata manager), then they should be circulated to all those who attended the meeting for comment. The Secretary or Strata Manager may draft them, but they are not the arbiter of whether they are correct, nor is the Chairman.
The purpose of the motion at the next meeting is to confirm the minutes, and in some cases those who were at the meeting might raise objections to what is in them, and propose a resolution to amend them. The problem in the case of the AGM is that a lot of time has passed, and often no-one cares. The time to get the minutes right is directly after the meeting.
That is standard practice for minutes, although in strata world in most cases this probably doesn’t happen. More generally, the minutes are often “settled” by the Strata Manager, Secretary and Chair and then circulated.
Gwyn – I understand your concern but you seem to be mixing two things – you refer to the Strata Committee members but the minutes of the AGM. The attendees at the AGM are attending in their capacity as owners, not as Strata Committee members. You could propose a motion at your next annual general meeting that all owners be given the opportunity to comment on draft minutes.
Flame Tree is right, you may have exclusive use but the property, including the laundries, doesn’t belong to you. If you want to do anything, you will need to get OC approval.
The OC could try and do something, but if it is the case that the work didn’t affect common property, I am not sure what that would achieve. They might want confirmation that the works didn’t affect common property, which would put their minds at rest that when you sell they are not taking on responsibility for anything.
I believe you’re right – because 102(2) refers to estimates for items provided at an AGM, so it is limited to items specified in the budget, either specifically or generally.
Austman – you are in Victoria. I also own a property in Victoria, and my experience has been that the law is very different there.
The NSW legislation provides that a lot owner can be awarded damages for loss as a result of the OC’s failure to maintain the common property. You do not have to prove negligence, because the OC’s obligation is a strict liability one.
The strict duty to maintain the common property is an essential element, negligence is irrelevant.
Refer Strata Schemes Management Act section 106(5), and the decision in Shum.
No there isn’t. And yes you are correct, owners can leave them unlocked or even remove them if they choose. Very useful exercise.
If the neighbour’s pipes leaked and destroyed the cupboard, then the neighbour is responsible. Unless of course the pipe was a common property pipe, in which case the OC is responsible.
That said – if your insurer will pay they can worry about that. But your neigbour may wish to mention it.
No, that is not correct. The owners’ or Committe members’ tax file numbers have nothing to do with the OC.
A key issue is whether the OC or Committee have any type of duty to prospective purchasers. I don’t think so.