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  • in reply to: Issuing Notice To Comply #17334
    sltflatchat
    Flatchatter
    Chat-starter

      Thanks Scotlandx and Whale for your comments:

      Scotlandx – Getting a resolution of the Executive Committee (EC) (or the OC at a general meeting) is the norm when the Strata Manager has not been delegated the function of issuing the Notice to Comply. In our agreement, Schedule 2 includes “Work associated with by-laws (amendments, additions, deletions, registrations, enforcement and breaches”. Issuing of Notices to Comply come under “Enforcements”. That should be specific enough.

       Also, the issue is not whether we should hold the meeting – the issue is whether the Strata Manager’s advice is correct.  This is because I am applying Section 45(3) of the Act to show that the delegation has been given to the Strata Manager, hence instructions from the EC (after agreement among themselves via email correspondence) to issue the NTC should be sufficient. However, his interpretation is that he has not been given the delegation, hence the EC has to hold a formal EC meeting and provide the minutes etc before he acts.  

      sltflatchat
      Flatchatter

        Whilst it is prudent to prepare the 10 year sinking fund plans, Section 75(1) states:

        (1)  This section applies to owners corporations established on or after the commencement of this section.

        I presume the section commences in 1996. Therefore if a scheme was established before 1996, the scheme may decide not to prepare the 10 year sinking fund plans.  Is this interpretation correct?

        in reply to: Fatal flaws in floating floors #16677
        sltflatchat
        Flatchatter

          My neighbour above me installed a timber floor (not sure whether it’s floating), and most early mornings (when it is most quiet) I can hear her walking, presumably on high heels from the lounge room to the kitchen, bathroom, bedroom etc. before she goes off to work. After a cordial conversation, it is not so bad, but……

          How I wish she had laid carpets instead of timber floors!  It is definitely not suitable for units, other than those on the ground floors!

          So if you don’t want unnecessary visits from neightbours, you know what to do.

          in reply to: Executive Committee vs Leasing Agent #16656
          sltflatchat
          Flatchatter
          Chat-starter

            The strata manager says that the only correspondence address in the roll is the agent’s. It appears that the agent may not have done a thorough check on the tenants of the unit.  Notices to comply (NTC) were sent to previous tenants who eventually moved out.  Despite many NTCs, the current tenant refuses to comply. The Executive Committee wishes to inform the owner of the many problems encountered with past and present tenants brought in by the agent. The EC cannot contact the owner because the agent refuses to provide the owner’s correspondence address. So, the question is: Can the agent refuse to provide the owner’s correspondence address?

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