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No – wrong.
Only an owner can be on the strata roll. If you want to give her half your property, either as a joint tenant or tenant in common, you will need to go to a lawyer to do that by way of a transfer of that interest. Then she would be entered on the strata roll as a part/joint owner.
Is the issue voting because you can appoint anyone as a proxy?
Not a very functional committee if the two members don’t speak ????
Call the strata manager and tell him there was no resolution of the Committee, and that you want the notice withdrawn, as there is time. However, the issue then is what by-laws you put up where the Committee can’t agree. Both? You can put draft by-laws up with options for the owners to vote on.
Does the disgruntled member know that a by- law change can’t be retrospective, so he can’t kick your cat out even if the by-law banning animals were approved?
Did the SC meet? Why did the two members send separate lots of by-laws to the SM rather than having a meeting to consider them?
Setting that aside, you should be asking the SM why they sent the notice out with the by-laws provided by one person. They shouldn’t be acting on instructions of one Committee member without a resolution of the Committee. To that extent the notice of meeting is misleading, as it is not a Committee recommendation. You may not be able to withdraw the notice, depending on time. What you can do is take your by-laws to the meeting and persuade the owners they are a better option. The owners may choose not to adopt the by-laws, in whole or in part.
This requires a special resolution, refer section 33, Strata Schemes Development Act.
If the unit is draining into common property it is highly likely the installation affects common property, and to that extent is the responsibility of the OC.
One option is to tell the owner the OC can remove the unit, and use that as a bargaining chip.
You can’t do that Cosmo – you have to issue a new notice of meeting. If david is correct and the meeting is some way off, then there isn’t a problem. I would be telling the strata manager he/she has to meet the costs.
Smelly – your concern is a genuine one, but you seem to be asking a lot of questions without actually doing anything.
If others are concerned then get together with them, and write a letter to the Committee demanding that they take the necessary steps to rectify the situation. If they do nothing, or they do something that doesn’t fix the problem, then you have grounds to make an application to the Tribunal seeking an order that they implement appropriate measures.
No you can’t add agenda items to the current notice of meeting, it has been issued.
The question is, did the strata manager have the authority to issue the NOM without consulting the Committee? What does your agreement with the manager say in this regard?
Even if the strata manager does have the power to unilaterally issue the NOM, this is very poor governance, the manager should at the very least consult with the Committee about the items on the agenda, and of course the date of the AGM – the date the manager has selected may not suit people.
The Committee could resolve to withdraw the NOM and then do a new one. I suggest that whatever you do you make it very clear to the manager that they must not issue a notice of meeting without consulting the Committee.
Section 46 provides that the the OC can pay an amount to a Committee member in recognition of services performed by that member in the preceding 12 months, the amount to be determined by the owners.
So the Act allows payments to Committee members for specific services they may perform, any such payment to be made retrospectively.
In your case the Committee has asked for approval of a set amount to cover expenses (not services) prospectively. I am not sure that the Act allows for payment of “expenses”. To be blunt, what are these meals and why do they have to have them? It sounds like a complete rort.
I suggest you ask the strata manager which section of the Act allows this, and also give Fair Trading a call.
For what it’s worth in our scheme the manager would have just sent someone out, I don’t see why the Committee needed to be consulted on something that clearly needs urgent attention.
There is a standard by-law that provides a resident can’t keep anything inside a lot that is visible outside the lot, and is not in keeping with the rest of the building. You are likely to have one like that.
The tenant should be told to remove it.
Just to be clear – the Committee can’t change the by-laws, by-laws can only be changed by a resolution of owners at a general meeting.
This is an outside chance but if it were the Committee that purported to change the by-laws at your last AGM then that would be invalid, and your old by-laws should apply. Of course if the change was registered then that makes it all the more difficult – perhaps I shouldn’t have raised this in the first place…
missfeather – please seek appropriate legal advice. You may not like the advice, but ultimately it will save you a great deal of time, money and effort.
I’m not sure how you will go on retrospective approval. The new owner bought the property with certain rights attaching to it, so query whether those rights can be displaced. As a preliminary, it is unlikely the Committee has any powers in relation to those rights, specifically I don’t think they have the power to change them.
In relation to the manager, they didn’t have any duty to advise you. It is not that I am not sympathetic, but you should focus on reaching a resolution with the neighbour.
Charming. Are you sure you want to live next door to such a delightful person?
What you could have done with owner B is irrelevant now.
Jimmy’s right, get a lawyer as quickly as possible, and get an interim order.