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Hi all,

Today I received a rejection of my official request to keep the BBQ in place from the committee (my partner has not received any communication and it’s actually his BBQ, which we have made clear…)

@Chesswood – I have the bylaws (I was on the committee for a bit) and the strata plan. Our building was built in the 1960s and the space was originally clothesline. The BBQ area was never put on the plan or officially designated – that’s part of the problem. I’m trying to frame a case of negligence on the part of the committee since EVERYONE considered the space the BBQ area, it was converted by an owner (the same one mentioned below) from the clothesline space (there are still two lines adjacent) and it was described as a BBQ area for all of us to use when I moved in. That’s WHY we put our BBQ there!!!

So at a purely technical level, I AM in breech… but then so are the other owners who have taken over garden beds – one of whom I often refer to as “the grand Poo-Bah” (although when I said that he did not understand the Gilbert & Sullivan reference and thought I was calling him a rude name). This gentleman has lived here for a long time and owns 2 units. He has effectively commandeered the committee. Now I understand more about the whole system I feel confident enough to take him on.

There’s absolutely nothing in writing so I can’t even remember how I asked about the BBQ. I dare say I just asked the aforementioned Poo-Bah if I could put it next to the other BBQ and he said “sure”.

My concern is that the Strata Management Act came in in 2015 and the BBQ area was created around 2011 by mutual consent. I’m going to get my neighbour to write a stat dec describing the events as she remembers them. The strata manager no longer has the correspondence possibly sent by the owner of my unit in 2011. That could work in my favour as they can’t prove they DIDN’T receive it. There’s no mention of the BBQ area in any AGM minutes (and no, the committee don’t appear to have meetings let alone minute them)

I’m about to write to the committee to ask for some information. I doubt I’ll get a reply – they haven’t answered any of my other emails – and I’m just trying to get through to the NCAT/ Online registry website (how many IDs do they need???) to put in a formal application so I can get a stay of execution for the BBQ.

Of course, if they came and had a chat, and told me what their rationale for all this is, my bloke would actually consider giving the BBQ away. My sister actually needs a new one (but she lives 3hrs away). It’s the lack of engagement and respect that is particularly galling.

 

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Thanks @Stratachair

Unfortunately our strata committee is completely incompetent. I don’t think they even have contact details for everyone. They certainly don’t appear to have regular meetings or communicate their decision making process in any accountable way. For years it has been run in an informal manner and as this is my first home, and so first experience of strata, I did not have the knowledge to challenge them. But now, after 8 years (including a few years on the committee when I first moved in) trying to play nice, I know what needs to be done. My partner is also a dab hand at reading legislation!!

The general meeting is in train. I’ve drafted 2 resolutions and even used ChatGPT to draft the by-laws (obviously they’ll need to be reviewed by a solicitor). I have worked out we’re exactly 50/50 owners and tenants. I also know who the most active owners are. More importantly I’m also working through my rage so I don’t take it to the meeting!!

The strata manager is being extremely belligerent about all of this. I’ve emailed her boss too.

One step at a time.

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OK… so it goes from stupid to ridiculous…

I have requested a general meeting (which we will be charged a fee for) and strata manager is now charging me with “obstruction of common property” for our BBQ. Do I have a leg to stand on???

The committee never codified the BBQ area (quell surprise) so technically she’s correct. Other residents can attest to the redevelopment of the site into a BBQ area – in fact the so called chair of the committee (I like to call him the grand poo-bah – he doesn’t understand the reference) even did the paving himself!

Do I have a leg to stand on??? Is the fact that it’s been a BBQ area since 2011 (I moved in in 2016) give me any cover?

Nothing was ever done in writing in this place. GRRRRR…

D

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Thank you Sir Humphrey!!

This is exactly what I’ve been saying since this unedifying saga began.

It appears the strata manager is pushing this barrow on a point of law. She’s technically correct but as you say “Who owns this block?”!! I spoke to a (female) committee member last night who said it was not raised in committee (I dare say because they don’t have meetings). My partner saw the strata manager with the 3 (male) committee members just before this drama started – including the so-called chair, who I believe is being highly duplicitous as it was he (an unmovable incumbent for as long as I’ve been here) who first suggested the space be converted from a clothes line area (there is another clothesline adjacent) into a BBQ area. It seems this arrangement was never formalised, although I have been told a letter may have been sent to the strata manager at the time.

I will be calling a general meeting (I have the requisite 25% of residents onside to do this) and formalising the arrangement, as you suggested. I also intend (time permitting) to try and find some correspondence to the strata manager at the time I’ve been told about. If it’s in the files then it is the strata manager at the time who was negligent in not formalising the arrangement.

We’ve had a dozen strata managers in the 8 years I’ve been here. They’re either incompetent or officious. This one seems to be the latter.

Many thanks for the affirmation of my position. I appreciate it.

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