Forum Replies Created
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If a person (committee member or any other person) already has a proxy from someone, then they can’t vote your proxy once they reach the limit.
However, it doesn’t have to be a committee member, you can appoint any other owner as a proxy.
If you don’t know any other owner or don’t feel you can trust them I suggest you find a friend who can attend as your proxy, that is the easiest and safest solution.
You have highlighted a gap in the legislation – if a proxy is a directed proxy, i.e. the proxy specifies how the proxy must vote, then it shouldn’t count to the maximum number of proxies a person can hold, because they have to vote that way. (the Corporations Act and ASX Listing Rules have provisions that provide for this, and also re the Chair holding proxies)
Tell the GM that if they don’t take action you will be compelled to notify the insurer that children are engaging in dangerous activities on the common property, and that the OC refuses to do anything to stop it.
If something happens to a child in these circumstances the OC will be liable, and if the insurer knows that the OC did nothing to prevent it, they will refuse to pay and the owners will be personally liable.
Fleabits – of course all owners have to be made aware of proposed resolutions and resolutions that have been made, they are the owners – they have a right to be given notice of essential matters concerning their property. Schedules 1 and 2 of the Act sets out detailed requirements in relation to meetings of the OC and Strata Committee respectively, which includes giving notice to the owners.
Your statement that the OC doesn’t hold any general meetings is alarming. The Act requires:
– an annual general meeting must be held every financial year – section 18
– the agenda for an annual general meeting must include certain matters including adoption of the financials and election of the strata committee – Schedule 1, para 9
– other general meetings can be held to deal with specific matters requiring a resolution of the owners
– certain matters can only be approved by a general meeting of owners – e.g. legal services (section 103), works affecting common property (section 111), changes to by-laws (section 141), appointment of a strata manager.
If what you are saying is correct your scheme is in breach of the law in a number of respects. The Committee does not have a right to impose what is essentially a fine for holding a meeting which is required by the law (setting aside that the OC may ask an owner to pay costs of holding a meeting to deal with a matter specific to that owner).
You should be asking the Committee why they are not holding general meetings as required by the law, and why they believe that they can make decisions that are outside their powers. If that is what they are doing I suggest you have grounds for seeking removal of the Committee. Do you have a strata manager?
The Strata Manager isn’t God (or whatever higher power you may subscribe to). The SM is employed by the owners to provide a service. It is up to the owners, and the SC, to determine ho w that service is provided and powers are exercised.
If it were me I would be writing to the SM asking under what authority they are acting and reminding them that they could be personally liable.
Our srata manager always chairs the meetings, because our Chair doesn’t know how to.
From my reading the pool isn’t in an apartment block, but next door?
There is nothing wrong with children enjoying themselves, but consistent screaming is very annoying. Maybe tell the children not to scream? Some noise is inevitable, you can’t expect total silence.
Lady Penelope and the OP are right – a strata meeting is a private meeting, and you can’t record the meeting without the consent of all the participants, refer Surveillance Devices Act 2007.
You could implement rules that govern the recording of meetings, but personally I think it’s overkill, I can’t see why it’s necessary to audio record a meeting, and it can be counter-productive.
That isn’t what I said – I said the assumption is they have accepted liability, which is completely different. Conversely, the OC’s payment does not create a charge or debt on the lot in the absence of the OC taking steps to enforce one.
Yes it can take action to recoup the expenses, but if title has transferred it is too late.
Yes. The tenants rented a property with an air conditioning unit, so that is what you have to provide.
No, that’s not correct. If the OC has paid the bill then the assumption is they accept liability.
You can’t impose a charge on a title without making a claim, that needs to be done before title transfers, and notice lodged in respect of the lot. A transferee takes clear title where there is no notice.
Because a beneficiary is not liable for the debts of an estate, the estate is. The only way to recoup is to rase the debt and record it against the property which prevents it being transferred until the debt is discharged.
We just did that – we had two lots with works which were completely different – one was a kitchen and bathroom renovation (including plumbing and waterproofing), the other installation of a rangehood and bathroom fan through common property. We had one resolution for one by-law and the works were set out in a schedule, specifying which owner was responsible for what.
Look at it this way – say you lived in a house and your neighbour decided to take part of your back garden for themselves. They can’t, it doesn’t belong to them. You could decide to sell a portion of your land to them, but that is a different matter.
The relevant owners have taken land that doesn’t belong to them. Land has a value. Unless the owner/s of that land agree to transfer title to them, they are obliged to give it back. To say otherwise is to legitimise a form of theft.
In relation to the Committee issue, I would suggest that the relevant owners have a conflict of interest in relation to any consideration of a matters relating to the dispute and should be excluded from any discussion or vote on that maater.
I don’t understand the question but the laws relating to votes required to approve a motion/resolution haven’t changed. Ordinary resolution – simple majority. Special resolution – 75%.
You don’t have to put them on the agenda unless they are resolutions. If you are challenged, ask the owner what the outcome of a vote would be on that item. If it is just a statement, don’t include it.
You can also weed a number out by saying they are a matter for the Committee.
In relation to items such as licensed tradesmen, that is a general requirement anyway, so bump that one off.
If any are left, attach the tedious explanations as a separate document.