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Yes I agree with kaindub. It’s not really a question of whether or not they can present what you believe to be a false case to the other owners (and it may well be). If you are going to the Tribunal and you have a valid case, then you can use what they presented to the owners as part of your case.
From what you say it sounds like you have grounds for requiring the rectification works, unless I am missing something on the insurance side.
Bear in mind that the quorum for any meetings is based on the number set at the AGM, so with 2 people gone your quorum is still 3, i.e. you need all the current members to achieve a quorum.
Yes you can. If the renovations are straightforward and you have all the information they need, including any by-law etc., it shouldn’t be an issue.
So ask the Strata Manager if they can do it by written resolution.
Noting I am not familiar with WA strata regulation, but as a general proposition the answer to your question is no.
If the balconies are defective, then the owners have an obligation to fix them, and that is why they are proposing a special levy. The fact that it may be a burden on one or more owners, unreasonable or otherwise, is not relevant. If you know the balconies are defective then you have to fix them. If you don’t then that can have flow-on consequences for things such as insurance.
However there may be ways the owners can make it less painful – things you may consider are taking out a strata loan, or structuring the special levy to be paid over time (which it looks like what is proposed), depending on when payment has to be made to the contractors carrying out the work. Or you could borrow the money to pay the levy.
I endorse what Jimmy says and also note that the foreman doesn’t have the authority to tell you what the developer wants to do or proposes to do, unless of course he shows you that he has the appropriate delegated authority. I very much doubt that he has that authority.
You should tell the foreman if he approaches you again that everything must be in writing, from the party that actually is legally responsible for the development.
Well yes it should be made clear from the start but in this case it doesn’t really matter, because there were no motions and there were no decisions made.
However – if they were going to the trouble of convening a “meeting”, then there should at least have been a motion to approve the minutes of the previous meeting. So now at the next meeting you will need a motion for that, and maybe something noting the meeting at which no decisions were made.
Thanks andyj!
Do you have a written and signed contract with the agent? If you do, what does it say?
Have you checked that this person has a licence?
I am not sure I understand, if you took out two loans, why wouldn’t you be able to pay. Are there are other costs?
I tried to post a link to the NSW Fair Trading website about agency agreements but the system thinks it’s spam.
I really really want to know what an ANZAC Day display is that involves flames in a bedroom. Clearly my life is very boring.
This can be very confusing but the general rule is for strata schemes registered before 1974, doors and windows that fall within a property’s boundary lines are the owner’s responsibility. So you should check the strata plan and the boundary lines for the lots.
The curtains and internal repairs are the lot owner’s responsibility and she should claim on her insurance.
This should be covered by the Strata Scheme’s insurance. Tell the strata manager to contact them and progress the claim.
There is no 2 year limit.
That poor dog, that is really cruel. Whether or not there is a kennel, being in an area with no shade is dangerous in hot weather. Perhaps these people shouldn’t have a dog.
You should be allowed to attend and then when the item in which you have an interest is being considered you leave the meeting for that item. That is standard practice. They can’t exclude you from the entire meeting.
If the tenant had notified you about issues/concerns regarding the hot water system and you did nothing about it then it is arguable they may have a claim.
If not, then you are not responsible for the damage to their belongings. They are responsible for insuring their belongings. As an aside $7500 sounds like a lot of money, and if there were a claim you would expect it be to itemised with proof.
In the type of case described it is the owner who would seek Council approval, but the OC would have had to approve the application to Council, i.e. it needs the OC seal (am assuming this is NSW).
So it is unlikely the Council approved the works. But you can check by having a look at Council records for the property.
Jimmy is right – the OC can require the owner to reinstate the balcony, so I think the easiest route is for the owner to agree to a by-law. That leaves the matter of Council approval, and if I were the OC I would be requiring that as well.