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Yes you are right.
If you do a notice of meeting “properly” you designate each item according to what they are, so for example:
Item X – for discussion
Item Y – for approval
Item Z – for information
That way it is quite clear for the records (or it should be) what was actually approved, as distinct from discussed/reviewed etc.
Note that you can’t put an item up for discussion and then at the meeting change it to a resolution.
In the case of an item that needs to be approved, such as a proposal for expenditure of some sort, the resolution has to be worded appropriately. In the first two examples you give whatever the items are they can’t be approved, because of the wording. As you say that is pretty pointless because you are back to square one.
In the case of the $3000 item, that isn’t properly worded either. It should be drafted something like this:
The Owners Corporation approve the quote for $3000 attached as Annexure A to the Notice of Meeting to supply X, and authorise the strata manager to progress [whatever it is].
And yes if there is no quote or information provided, in the strictest sense I don’t see how it can be approved, and I wouldn’t. How can it be reviewed if it isn’t attached, and how can an absentee owner give their voting intentions if they don’t have the information?
Whale is right – the by-laws are irrelevant insofar as if the extension of the balconies required Council approval, and that wasn’t obtained, then they may be illegal. If there is a Council order to reduce them it sounds like that is the case, and a by-law won’t help you.
Good luck tonight Janet – I know it is hard. I haven’t been in your situation which is pretty extreme, but being faced by other hostile owners is very difficult.
Whale is right, you should not agree to a by-law in the current circumstances. You need proper legal advice, which would encompass both planning law and strata law. You should not be bullied into giving away what are valuable property rights.
There is nothing to stop someone forging a paper form given in person, the same concerns apply.
We have received emailed proxy forms from owners – if there is no reason to query their validity that is fine, but if for example it came from an unknown/strange/odd email address, or there was some other reason to question its validity, then you might make further enquiries. But as I said, someone could rock up to the meeting with a paper form that had been forged just as easily.
The Act says that if the scheme has a noticeboard, then notice of an EC meeting must be placed there 72 hours before the meeting. In that case there is no requirement to send the notice to owners individually. The same goes for the minutes – they can just be put on the noticeboard.
When you think about it mail wouldn’t work because there is no guarantee mailing a notice would be sufficient within the 72 hours. The Act as it is doesn’t recognise email for that purpose.
Your strata manager is wrong and it sounds like you have been doing things well.
72 hours is calculated from the meeting so if the meeting is on Tuesday at 6.30 then notice has to be posted on the noticeboard by 6.30 Saturday.
It sounds like you are having a terrible time, you have my sympathy. I cannot imagine what it must be like to be in your position. It sounds so complicated, I hope you have a lawyer acting for you.
The short answer to your question re the EGM is no, lodging an appeal will not automatically mean that the meeting has to be cancelled or will be cancelled. A meeting could go ahead, and a resolution passed, but a subsequent NCAT order may render it redundant.
One option you may have is to seek an interim order that the meeting not proceed until any appeal is determined, but query whether that would be granted.
In terms of any resolution passing an exclusive use by-law making you responsible for the repairs, even if it were passed it has no effect unless you agree to it. If they passed the by-law and you refused consent (which I presume you would do), then their only option is to seek an order that you consent to the by-law, which would then be a consideration of the whole matter.
From what you have said, I don’t believe you can be made responsible for something that you did not do, i.e. you didn’t put the stairs in. Generally that means that the OC is responsible for them. However if they are illegal, then that changes things in terms of whether or not the stairs remain.
More generally re Council approvals, and this is only on the basis of what I know from my experiences with Council approvals, which would of course be different.
– a certified building surveyor can give his opinion that something is legal, but that doesn’t mean it is legal.
– the important thing is the plans that received development approval from the Council. If the stairs were on those plans, that is fine (although query builder failure to do them properly). If they were not, then you have an issue.
A couple of things that aren’t entirely clear from your posts:
– you say that this went to an adjudicator, and then in your most recent post you ask about lodging an appeal re dismissal of the application. Can you confirm that your application was dismissed?
– what was your application for? That is – what order or other remedy were you seeking?
I’m not sure why some of you think that I am the sort of person who might ignore reasonable concerns and correspondence from owners, or alienate people who raise legitimate issues.
I said that Cosmo’s approach was a good one, but that sometimes you may consider short responses, and that we stopped replying in one case.
If you receive 150 nonsensical emails in a month, many of which contain threats and defamatory accusations including suggestions that some EC members (including me) need psychiatric care, then I believe that you are entitled to not reply. This is because a response is like oxygen – it only encourages the sender.
I have been on the other side of the fence, I do know how hard it can be. All I am saying is that in some circumstances you may be justified in either sending a very short response, and in the extreme not responding.
We have had a similar issue with a resident owner who is a nightmare. In one month we received 150 emails.
Cosmo’s suggestion is a good one, but if it continues I would make the response even shorter. In our case we stopped replying to most of them.
1. Any owner is entitled to attend a meeting – of course it is a bit difficult if it is being held by paper resolution.
2. I am not sure what time the manager put the notice up, but 72 hours notice has to be given, so the decision can’t be made until 72 hours after the notice was given – that means if notice was given at 2pm Friday, the work couldn’t possibly start until after 2pm on Monday.
3. Refer below from Schedule 3 of the Act re how to stop an EC making a decision – you need at least three other owners (note this is calculated by unit entitlement) to agree with your concerns, and give notice in writing to the Secretary and Strata Manager, that you oppose it and it cannot proceed.
11 Decisions of executive committee
(2) A decision of an executive committee has no force or effect if, before that decision is made, notice in writing is given to the secretary of the executive committee by one or more owners, the sum of whose unit entitlements exceeds one-third of the aggregate unit entitlement, that the making of the decision is opposed by those owners.
That is so funny.
Sovereignty – legal definition – the supreme authority in an independent political society.
I know it’s Friday but seriously, these people sound a bit loopy. They can try and pass a by-law, but I don’t think it would work. There are all sorts of issues there relating to copyright, ownership of the information and confidentiality. The easiest way of protecting information is to put “Confidential – Not for Circulation or Distribution” on it. However, you have to be careful how you do that because if you put it on any old thing, it can erode the protection of truly sensitive documents.
But really, haven’t they got anything better to do????
Setting aside changes to common property requiring a special resolution – which is a valid consideration – go back to the strata manager in writing and ask for the following:
– notice of EC meeting setting out the proposed resolutions to proceed with/effect those changes, and any supporting documentation, including quotes, experts’ reports etc;
– date of the meeting at which the EC approved those changes;
– minutes of the EC meeting at which those changes were approved;
– date on which the relevant EC minutes were either posted on the strata noticeboard or provided to the other owners.
Note to the strata manager that you are sure he/she is aware that any decisions of the EC require approval of the EC members at a properly convened meeting, and in the absence of such approval, the strata manager is not authorised to take any action, and in fact may be liable in the absence of requisite authority.
Then note that as these (the venting of the dryers at least) are changes to the common property, you believe that the Act requires a special resolution to approve such changes to common property, and therefore any purported decision by the EC in that regard is outside the ambit of its powers.
Then conclude by telling the strata manager that you require a response with all relevant documents within 7 days, and that you expect that no works will be undertaken until a satisfactory response has been provided. If any works are commenced in the interim, you will lodge an application with NCAT.
Your fastest route is to report it to the Council, you can do that yourself, you don’t have to ask the strata to do it. There is no way they would be allowed to run a hairdressing salon in a garage. The Council should slap them with an order to cease forthwith.
Exactly – I hope the point wasn’t lost amongst the irony.
In circumstances like this, if someone tells you to mind your *** business, you are justified in erring on the side of caution.
Write the SM a letter, along these lines.
Dear SM
SP XX – Request for Strata Roll
I refer to our request for the strata roll of XX XX.
The effect of sections 98 and 108 of the Strata Schemes Management Act is that a lot owner has the right of inspection of the records of the Strata Scheme, which includes the strata roll. A fee may be charged for inspection and copying. The strata roll must include the names and addresses of the registered owners of the strata scheme.
I note that the right of inspection is not subject to the provisions of the Privacy Act, given the primary purpose of the strata roll.
I also note that as Secretary of the Strata Scheme I am entitled to require you to provide me with a copy of the strata roll.
Please provide me with a copy of the strata roll within 7 days of this letter. If you do not provide me with a copy of the strata roll I will lodge a complaint with the Department of Fair Trading.