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A garage isn’t a habitable space so it would be a good idea to check with the Council regarding any requirements that may apply, and if you need any approval to convert the garage.
What is the reason they are giving for the dog not being allowed?
For example – if your mother had the dog under a by-law that has now changed, the new by-law wouldn’t apply retrospectively.
I think as a starting point it is reasonable to expect that the owners as a whole be asked to decide what approach to take.
As this is a change to common property it may come under the ambit of section 108, which requires a special resolution of the owners to change it. The Committee doesn’t have the power to do that, and from what you have said it isn’t even the Committee, it is a subset of the Committee. I suggest you write to the Committee and strata manager and ask why this isn’t being put to all the owners for approval.
Rosebank – your comments aren’t really helpful.
Pedantic point – a general meeting must be called/convened no later than 14 days after receiving a qualified request. So the meeting doesn’t have to be held within 14 days, it has to be called within 14 days – this makes sense, because you have to meet the notice requirements.
No – neither the OC nor the Strata Committee have the power to issue fines. That power is with NCAT.
If they purported to fine you, you should just refuse to pay. Note this is the case even if it is in the by-laws, retrospective or otherwise.
In this case I think there is another way of dealing with it.
“Legal right” is a blanket phrase that blurs the real issue here. The issue is that you want to do works to the unit, and you are trying to do the right thing, but the OC isn’t coming to the party. I am not sure what they mean by needing another response for you to go ahead – a by-law needs to be approved by the owners at a general meeting.
Tell the strata manager you request that an EGM be held to consider the proposal and the by-law, and you will pay for it. If they refuse, then I suggest you proceed as outlined by Jimmy.
From what you have said I take it you are a tenant.
Of course you have the right to control what goes on on property that you are paying money for, perhaps most importantly you have the right to peaceful enjoyment of the property. That includes not having contractors appearing outside your bedroom window over a prolonged period.
Whether or not the balcony structure is common property, you are paying money for the use of it. As you said, it is part of the premises you rent. The issue is with your landlord who should then take it up with the OC.
As you are not an owner I suggest you serve notice on the landlord that you do not accept the situation and you refuse to allow access to any contractors without appropriate notice, and that access will only be given where it is reasonably required (in other words, they can’t just use your balcony because it is the easy option). You can give a copy to the OC at the same time.
Note that under the Strata Schemes Management Act the OC can require that an owner give access to a property, refer section 122. But that doesn’t mean they can do whatever they like.
I also suggest that you tell your landlord that you would like a retrospective reduction in rent, I am not sure why you didn’t take them up on the offer.
So a special levy for a project has been approved, but not the project.
If you have allies then you can request a general meeting to rescind the special levy. You will need a quarter of the unit entitlements to call the meeting. Do you think you can do that? If you do, I would get a move on before the levy notices are issued.
Another avenue is to ask the SM for details of the voting on the special levy, to determine if it was properly done. The resolution may not have been properly passed.
A key issue with posting excerpts of judgments is that they can be read out of context. Each case is different, and while the principles expressed in a judgment may be applicable, you can’t assume they will apply the way you think they should.
It’s not normal and it’s not legal. By that I mean if the Executive Committee thinks it is making “decisions” and instructing the strata manager on the basis of those “decisions”, they are wrong. A decision of the Strata Committee is only valid when it is made by all of the members of the Committee, at a meeting of the Committee, for which proper notice has been given as required by the Act.
As Jimmy points out, the only other valid decisions are those made by the owners in a general meeting.
I suggest you contact the strata manager in writing and advise that it is your understanding that they may be acting on instructions regarding decisions that have not been validly made, and if they continue to do that they may be liable. You should also point out to the Chair and other two “executives” that they are breaching the law.
I agree with Sir Humphrey. Work out a way of solving the drainage issue and implement it, no more tension.
I have a dog, I love dogs of all shapes and sizes.
I am not sure why you chose a German Shepherd to keep in an apartment, there are so many dog breeds to choose from, and to be honest German Shepherds would be way down the list of suitable dogs for apartment living. Greyhounds are great, as they sleep for about 22 hours a day.
There are some suggestions here that you claim the dog is an assistance animal – the thing is, some people are scared of dogs, and you need to bear in mind there may be residents who find the presence of a German Shepherd upsetting. It works both ways.
You say that you had the permission of the agent and the landlord to keep a dog, and a verbal assurance from the building manager. The landlord should have sought permission from the owners corporation for you to keep the dog. Have they done that?
Standard and non-standard work within the ambit of the strata management agreement is whatever you want it to be. You can include a schedule of what constitutes standard work, it has nothing to do with the construction industry of the WHS legislation.
The issue here is that the strata manager is issuing work orders at the behest of one owner. I am not completely familiar with community associations but I assume the same principle applies in relation to work orders, i.e. that one person is not authorised to instruct the strata manager to issue work orders, or to engage contractors etc. If you don’t want that to happen tell the manager that he should not act on the instructions of that owner.
No you can’t apply the seal digitally, it has to be the common seal of the strata scheme which the current manager has.
Just tell the current manager to give it to you, you’re the secretary. Then affix it to the agreement and hand it to the new manager. And make sure the current manager hands over all the files.
I assume you have passed the appropriate resolution to appoint the new manager?
Why did the cupboard fall off the wall? Not clear on what the owner’s insurer means by the incident not being related to a specific event, but anyway.
If as you say the insurer has paid out, and this covers the damaged appliances, then it is certainly illegal to hang on to that money. The money was paid out to cover the damage, you can’t just hang on to it.
I suggest the Committee tells the strata manager that ultimately it is their decision. It certainly isn’t illegal. If the manager thinks it is illegal then he/she needs to direct the Committee to the provision that they will be breaching – there isn’t one.