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confused1 – The ability of Local Governments to include specific requirements for fire safety within the conditions of their development consents came about with amendments to NSW Legislation that were gazetted on 1 July 1988.
Consequently prior (to 1988) developments such as your Strata Plan are exempt due to the amended legislation being non-retrospective provided no significant additions/alterations to the building have since been undertaken, where Council’s required consent to those would have acted as a “trigger” for the imposition of then current fire safety requirements to the whole Plan.
Your Owners Corporation (O/C) could arrange for a fire safety inspection of its Plan to be undertaken against today’s standards, but that can open a “can of worms” that could cost a whole lot more than the contents of that currently adequate sinking fund; perhaps that’s why those A.G.M. Minutes record the O/C’s decision not to go down that path.
I’m not suggesting that the significance of fire safety should be ignored, but a keen eye by Owners such as yourself can often identify strategic, staged improvements that can be effective, whilst keeping a lid on that can!
The condition of smoke alarms and fire extinguishers that you mention are such examples, where the former are the responsibility of individual Owners (unless they’re all wired back to a central alarm console) and where regular inspections of the latter in terms of their locations, suitability, and operation can (and should) be arranged by your Strata Manager, who would be aware of Companies who provide and warrant that programed service at minimal cost when compared to the consequent benefit.
I’d suggest that you get your own Unit in order (e.g. smoke alarms, fire blanket etc) and otherwise go softly-softly for the time being while you cast that keen eye around the place, then ascertain the timing of the next General Meeting (e.g. A.G.M.) from your Strata Manager and place a suitably worded Motion about any items of concern regarding fire safety and possible remedies on the Agenda of that Meeting for wider discussion.
Cate – it appears that as in NSW your Strata Company is required to provide intending purchasers (or their lawyers / property conveyancers) with certain prescribed information in the form of a certificate, which amongst other things must incorporate the minutes of Strata Company and Council meetings and “any other record or document in the custody or under the control of the strata company”.
It seems to me that it would be prudent for your Strata Company or Council to meet, and to then minute something referencing the unauthorised works that the Owner has undertaken and to provide that Owner with a copy, or alternatively at least correspond with that Owner pointing out the unauthorised works so that a “record” of that could be disclosed under Sect 43 of the WA Strata Titles Act, and as Peter C suggested (post #3), perhaps the existence of that record could be discretely brought to the attention of the Selling Agent.
Marvin – the only way to go I recon., but given the relevant skills and experience of the current E/C perhaps place a Motion on the General Meeting Agenda whereby the O/C may delegate its authority under Sect 73 to that E/C, with reporting of investment outcomes at each AGM.
The relevant Legislation in the ACT is silent on the subject isn’t it?
I’m sure you can handle it Peter, but it sounds about as rigerous a process as our Federal Governments use to invest our tax receipts; wouldn’t pass muster in NSW where my reading of Sect 73 requires the O/C to make such decisions.
I’m Treasurer of our O/C and there’s no way that I’d be making a decision about how and where to invest our Owners’ hard-earned without first putting it to them at a General Meeting.
Marvin – is there some reason why your E/C wants to make such investment decisions autonomously?
Marvin – an E/C’s ability to commit expenditure is limited to those items and matters that the O/C has approved in its respective Budgets, and similarly its ability to invest O/C funds is limited by the terms of a resolution made by the O/C at a General Meeting in accordance with Sect 73 of the NSW Strata Schemes Management Act (1996)
Irrespective of whether an E/C is spending .or investing, the funds involved are those of the O/C – that is all Owners and they should have a say in both instances.
Marvin – as it’s the Owners Corporation’s funds (i.e. all Owners) then I believe that the investment of those in an authorised deposit-taking institution, the amount, the term, actions on maturity, and the signatories to the account/s should all be decided at a General Meeting.
Kiwipaul said …. The safest solution is to remove the door yourself and reattach when the fire doors have been replaced.
I think that’s the issue, in that the Fire Control Order requires the insect screen doors to be permanently removed because they can compromise both fire safety and the integrity of the fire-rated doors behind them!
As for the disposal of those, I’m inclined to agree with tharra (post #3). It’s not a big deal as the Owners Corporation has already arranged for its Contractor to remove the insect screen doors, after which time it could put them in a big pile and then contact one of the scrap metal recyclers who will pay it around it $1 per kG if they’re aluminium framed.
Austman – that’s not what I inferred from your other post (#5), but in those circumstances, provided there was sufficient funds in a line item of the relevant budget as approved, YES.
Peter said….. I would think it would be hard to argue that someone should be prevented from bringing their railing up to a recognised current safety standard but it is similarly not reasonable to require it of everyone.
I agree, but the problem is that the railing would be Common Property and the Owner is apparently expecting that their desired railings (higher) will be paid for by their Owners Corporation (O/C); and that’s not reasonable.
Alex’s O/C could, by Special Resolution, grant consent to that Owner to themselves pay for, install, and maintain whatever railings they desire, but how that appears visually in the context of the whole building needs to be considered.
As Peter said, site specific safety implications need to be handled carefully together with those around aesthetics, particularly if they involve child-safety where the debate about who it is that’s primarily responsible for the safety of children invariably arises.
I won’t go into that now unless it’s an underlying issue in Alex’s post.
Austman said – I’m in Victoria but it might work in NSW too. In Victoria, the committee alone can make a decision to improve/alter common property (within limits).
Just to clarify for Beth…… NO it doesn’t work that way in NSW unless the Owners Corporation (O/C) has already put a Registered Special By-Law (SBL) in place that permits specific types improvements or alterations to be made to its Common Property, where if Owners then seek a formal consent for improvements or alterations of that type, its Executive Committee can grant that on behalf of the O/C in strict accordance with the provisions of that SBL.
No problem, but perhaps make sure that the licences have either a review date, perhaps annually so that serial non-compilers can have those rescinded, OR a sunset provision so the Owners Corporation can decide whether or not to continue with the licence system.
It’s best to avoid anything that it could be later argued is perpetual or subject to existing (long term) use privileges.
Johnty – As I said before it’s NOT your ceiling, and if your Owners Corporation resolves to permit your upstairs neighbour to cut a hole in it, then it’s up to it to ensure that the ceiling is returned to its original state.
Frankly, I wouldn’t preempt a 75% vote in favour of your neighbour’s proposal at the General Meeting that’s yet to be convened, as right now I’m unconvinced about the validity of the respective units of entitlement that you quoted in your other post on that topic!
Can you update your post on that issue!
Beth – no replies as yet so I’ll jump in.
YES your Owners Corporation can implement the controls that you have referred to by way of a Special Resolution at a General Meeting, where >75% of those in attendance both personally and by proxy would need to vote in favour in order for a Motion to “licence” specific areas of the Common Property (storage area) to each Owner to pass, together with whatever Conditions are deemed necessary.
Clearly, the Motion would need to include and if passed be referenced to a Plan of the storage area showing the dimensions and position of each area to be licensed to individual Owners (lots), but that shouldn’t be too difficult.
Whilst it’s the Owner/s who would hold the licence/s, any tenants of their Lots could also benefit.
A Special By-Law would not be necessary, as Sect 65B of the Strata Schemes Management Act already applies (https://www.austlii.edu.au/au/legis/nsw/consol_act/ssma1996242/s65b.html).
AJP – YES you’re right – the implementation deadline for the installation of window safety devices by Owners Corporations is 13 March 2018.
A “safety device” must be fitted to any opening window where the sill is closer than 1.7m from the floor of a Lot, and where that floor is greater than 2m above the surface directly outside / below that window.
The “safety device” when fitted must childproof (e.g. lockable) and limit the maximum window opening to 12.5cm.
No doubt some enterprising suppliers will come-up with purpose built (or named) devices, but so far as I’m aware conventional window locks that permanently secure a window such that it’s 12.5cm open (rain?) and those externally mounted diamond-pattern safety (insect) screens also comply.
AJP – I only suggested a written instruction to your Strata Manager (SM) via an Executive Committee (E/C) resolution because you cannot resolve anything in that regard at the upcoming Annual General Meeting (AGM) unless it’s already been placed on the Agenda; and obviously it hasn’t.
So as an alternative, there will be a Motion on the Agenda for your upcoming AGM about accepting the Minutes of the last such Meeting, and even though it’s a bit of a stretch, at least you’re on the subject of Meetings so perhaps try to sneak something into that Resolution about the SM providing a Preliminary Notice for all General Meetings until such time as your Owners Corporation resolves otherwise.
Further to your concerns about the effectiveness of the elected office holders of your E/C, including the bullying Chairman referred to in your other post, there will be yet another compulsory Motion on the Agenda for your AGM about whether or not the O/C wants to limit any items and matters upon which the E/C may make decisions (autonomously).
So why not do a bit of lobbying with those Owners who may feel as you do about the E/C, and either encourage them to attend the Meeting or to grant your their Proxy so that some sensible limitations on amounts of expenditure (e.g. not to exceed $x on any budget item) and/or on certain types of expenditure (e.g on General Repairs) may be imposed upon the E/C AND be mirrored in the delegations contained in the Schedules to your Strata Manager’s Agency Agreement; at least until you and other Owners can better assess your E/C’s performance and effectiveness.