[tharra]

This article might be worth a read as well:

https://www.lookupstrata.com.au/balustrades-regulations-strata-liability/

[tharra]

“Changes to common property

    (1) Procedure for authorising changes to common property An owners corporation or an owner of a lot in a strata scheme may add to the common property, alter the common property or erect a new structure on common property for the purpose of improving or enhancing the common property.

    (2) Any such action may be taken by the owners corporation or owner only if a special resolution has first been passed by the owners corporation that specifically authorises the taking of the particular action proposed.”

More here:

https://www.austlii.edu.au/au/legis/nsw/consol_act/ssma2015242/s108.html

[tharra]

Ouch. I am not sure of the legality of the motion but it’s illogical to me. How do you know if an SC member has agreed to communicate with you without communicating with them?

Unless the Secretarial function of the OC has been delegated to the Strata Agent then I don’t see this resolution working.

Sounds like you need to rustle up some “no” votes at the very least.

[tharra]

As you were:

https://www.abc.net.au/news/2017-05-30/fire-and-emergency-levy-scrapped-after-modelling-mistake/8573138

[tharra]

Ahh – “written permission of the lot owner who benefits” was the magic pudding ingredient I was missing. Thanks!

& I meant “more costly” as hideously expensive. 😉

[tharra]

If you were to get an exclusive use by-law passed down the track could that be rescinded by a 75% majority at another AGM resulting in the loss of exclusive use of common property?

Wouldn’t a more permanent & more costly solution be once the 75% majority have agreed to the exclusive use of common property & the council are happy. i.e. all the ducks are lined up… to have the lot + common property extension surveyed, the unit entitlement increased with an corresponding increase in levies & the registered strata plan amended as per the survey? Or is this an impossible avenue?

Not an expert, just curious as to the means of amalgamation of common property into lots.

[tharra]

As per Lady P, the HWS is the most likely culprit given the usage spikes.

Another electricity suck to check – standby power on any A/C unit:

https://aussiehomeenergy.blogspot.com.au/2015/01/how-to-reduce-your-air-conditioners.html

[tharra]

The debt follows the lot. Any purchaser would have their conveyancer negotiate outstanding debts & a corresponding reduction in price with the seller.

At every AGM we vote on our debt recovery procedures.

I suggest you consult a debt recovery specialist who knows strata.

[tharra]

Doubt it’s a spoof – ACN lookup:

https://abr.business.gov.au/SearchByAbn.aspx?SearchText=611286358

[tharra]

Thanks for the responses. I am not concerned about our current pool & spa hygiene routine. Our on site building management people do a sterling job keeping everything tickety boo with the help of the contracted pool maintenance firm & we’ve not had any problems thus far.

My concern is the line between what is advisable & what is compulsory. Take a hypothetical apartment building with pool & spa facilities deemed private for residents. In this legislative fairyland all levels of government including the owners corporation decide that short term lets are perfectly acceptable & owners start letting whole apartments on that basis. At what point, if ever, do the apartment building’s pool & spa facilities turn into “public” facilities in the eyes of the public health legislation resulting in compulsory compliance measures? i.e. is there a point where the apartment building is deemed a hotel?

[tharra]

Calculate your FESL here:

https://fesl.nsw.gov.au/rates_and_calculator#130412

Mine will reduce slightly.

[tharra]

Thanks for the responses. Yes, water quality is professionally maintained & monitored in the pool & spas & the areas kept clean. Our pool is certified & registered on the NSW Swimming Pool Register.

Where my original question leads is what happens with whole of apartment short term lets? Does that activity turn a private pool into a public one with the more onerous & costly compulsory health & safety measures? e.g. our pool & spas are tested 3 times a week during the day, not every day before the pool opens (ours opens at 6am) as mandated in “Public Health Regulation 2012
Schedule 1 Requirements for public swimming pools and spa pools (Clause 15)“.

BTW I should have read a little more with regards to my first question as the “Public Swimming Pool and Spa Pool Advisory Document” available from NSW Health:

https://www.health.nsw.gov.au/environment/Pages/swimming-pool-and-spa-advisory-doc.aspx

states:

“An emerging type of swimming pool is the multi-residential pool such as those associated with apartments or town house developments. While such pools are not public swimming pools under the Public Health Act, they can still pose risks in terms of bather risk. The advisory document is equally applicable to this situation, but in a non-regulatory and advisory sense.“

Nice to know that Flat Chat advice is spot on.

[tharra]

& if the language of the development consent pertaining to the building class is?:

“That the residential component of the development must be for permanent residential accommodation only and not for the purpose of hotel, motel, serviced apartments, tourist accommodation or the like.”

I’m still flummoxed as to why hotels/motels & the like have to comply with more onerous fire safety regulations yet whole apartment short term lets appear to be exempt.

[tharra]

Option 2 permits bulk deals on regular maintenance & replacement & may wind up more cost effective for all owners in the long run. Even easier if all the air cons are all the same model/manufacturer. Regular maintenance may prevent issues down the track e.g. with noise & air con related water leaks.

I’d be approaching a few air con maintenance folk & getting the actual cost of a regular maintenance/replacement schedule before making a decision. If the air con folk are on site for all units then at the very least you’re going to save on call out fees.

[tharra]

“A developer or a person connected with the developer cannot make use of a proxy voting appointment or power of attorney resulting from:

• a condition in a contract for the sale of a strata lot, or
• another related contract or arrangement.”

From: https://www.fairtrading.nsw.gov.au/ftw/Tenants_and_home_owners/Strata_schemes/Meetings_in_a_strata_scheme/Meetings_of_the_owners_corporation.page#Proxy_votes_and_material_benefits

and/or

“A proxy has no effect if the person who gave the proxy attends the meeting and votes in person.”

From:

https://www.fairtrading.nsw.gov.au/ftw/Tenants_and_home_owners/Strata_schemes/Meetings_in_a_strata_scheme/Meetings_of_the_owners_corporation.page#Proxies_-_voting_on_someone%E2%80%99s_behalf

[Author]

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