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SpaSpray – frankly, I’d be more concerned about the fact that an average spa weighs around 2 tonnes (when full of water and people), so you additionally need to consider:
1. If the balcony can safely handle the concentrated weight of the spa at its installed position? Your Body Corporate should consult a structural engineer about that.
2. Is the balcony surface waterproof? Only a fully waterproof, sealed, concrete or ceramic floor floor is suitable
3. Is there adequate drainage? This must be sufficient to contain a sudden escape of water and the requisite partial emptying of it (onto the balcony?).
4. Is there adequate ventilation on all sides? Heaters produce condensation.
5. Is the electrical supply safe for outdoor use?
Perhaps not guidance, but certainly something that your Body Corporate must consider as part of the upcoming discussions and any Consent that it may or may not grant.
You’re not occupying the property as a tenant, but rather under a license to occupy prior to settlement, and whilst I’m not a lawyer, I’m aware that such arrangement generally incorporate a provision that the purchaser’s occupation of the property is on and “as is” basis, that they can’t then rely on any representations made by the Developer / Seller or claim against them for any subsequent repairs, defects, errors, or design omissions in respect to the property.
As I said (above) I thought that indemnity was for claims arising subsequent to occupancy under the license, so it may be prudent to have a good close look over the property beforehand and then make any claims, but as I also said I’m not a lawyer and your paid adviser is, so I’d recommend clarifying with them the circumstances under which claims for repairs, defects etc can and cannot be made, and then accept their advice.
ccbaxter & sealion – it’s the Regulations to the NSW Property, Stock, and Business Agents Act that prescribes the general rules of conduct for all licensed and registered persons, Schedule 6 contains those that specifically (and additionally) apply to Strata Managing Agents, and it’s the Strata Management Agency Agreement that your Owners Corporation (O/C) has with its Strata Manager that sets-out how each of those is applied to the agreed services.
sealion – I’d suggest that you contact the Office of Fair Trading again, as whilst whoever it was that you did speak with may be correct if their Office regards an Agency Agreement as being between an Owners Corporation (as an entity) and its Strata Managing Agent, in which case a complaint would need to be lodged by the Executive Committee Secretary under the Regulation (2003), they may also have misinterpreted your question if, as in your post, you referred to your Managing Agent instead of to your Strata Managing Agent; they’re different animals!
Thanks for the feedback puff; I’m not at all surprised.
Your next hurdle will be that the Property Manager (rental agent) probably won’t have a clue either. It took me almost 2 years to educate the people who mange rental units in our Plan, and even then I had to make-up a proforma S119 Notification and upload it to our website for their on-going use!
Roo – the limit on the costs of legal services is the lower of $1,000 / lot or $12,500, so that limit is actually less than 50% of the general limit for large schemes.
It’s also worth noting that a compulsory motion on the agenda for all Annual General Meetings is one asking whether or not the Owners Corporation (O/C) wishes to have any particular matter/s or types of matter/s determined only by it as opposed to by its Executive Committee, and I’m guessing that was what simone’s O/C intended to invoke by placing restrictions on expenditure matters.
Roo – There is one official “who’s responsible document” issued as a Memorandum by the Director General of NSW Land & Property Information, a couple of quasi-official versions by strata industry organisations, and many interpretations of those including the one that you’ve referenced in your post.
The problem is that the authors of most versions, interpretations, and extracts omit to read the Principles underlying the official document, and particularly the one that states that it’s “a guide to assist in determining whether a particular item in a strata scheme is part of an owner’s lot or is common property”.
Now that I’ve gotten that of my chest, it’s important to understand that the Building Codes for Class 2 Buildings, which is the Code used by Councils as the basis for their regulation of the design and construction of multi-unit developments can, whilst allowing for the degree of autonomy permitted to Councils within the Codes, empower them to require that smoke alarms be installed within individual lots as one of the elements of the building’s overall Fire Safety Schedule forming part of their Consent.
Smoke alarms then installed under that Schedule at the time of construction become part of the building’s Fire Safety Certificate, and the correct operation of those and everything else listed on that Certificate such as fire-rated entry doors, hydrants, hose reels, extinguishers, etc is subject to the annual Fire Safety Inspection and Report that Owners Corporation’s commission at their cost.
I hope that clarifies rather than confuses the position that Scotty and I posted earlier, and whilst on the subject of confusion, light fittings on ceilings can be common property is some situations.
Thanks for the feedback, and without knowing the size of your Plan it maybe worth noting that if it comprises more than 100 lots then the Regulation (2010) requires a minimum of two (2) quotations for items of proposed expenditure exceeding $30K irrespective of whatever the O/C or E/C may decide to resolve and minute.
Good luck with alerting your E/C.
nobzy – YES it does, unless your O/C has magnanimously decided to inspect those on your behalf concurrently with its annual Fire Safety Inspections; check?
On the basis of what’s required of landlords and tenants with regard to the provision, operation, and maintenance of smoke alarms under the NSW Residential Tenancies Act (HERE), what’s recommended for fire safety by NSW Fire & Rescue (HERE) and in the absence of any knowledge about your present contractor’s scope-of-work, it just seemed to me that $100/annual check for each property was a bit steep.
After taking into consideration all of the above, and the fact that your Property Managers are required to undertake an inspection of each of your properties that’s sufficiently thorough to complete an Incoming Condition Report, including the prescribed item on smoke alarms, and you would expect they’d undertake routine property inspections on your behalf at least every six (6) months, I guess you’re the best judge about the worth, from all perspectives, of the services provided by your present contractor.
Perhaps rev. your Property Managers up to ensure that they’re duly diligent with the regular property inspections and reporting that you’re already paying for, let the inspection contract run for another 12 months, and then based on the quality of the information provided assess how you’ll proceed.
Nobzy – firstly, yours is not a stupid question but it’s rather reflective of a landlord who’s exercising due diligence over the management their properties; good on you!!
In general terms, smoke alarms that were installed within units and elsewhere at the time of a building’s construction become the responsibility of the Owners Corporation upon registration of the strata plan, and those installed post registration in order to comply with the (smoke alarms) Regulation (2006) are the responsibility of the Lot Owner / landlord in terms of maintenance, replacement, and ensuring correct operation at the commencement of each new tenancy, and by the tenant thereafter only with regard to replacing batteries if fitted and to reporting operational faults.
I used the word “generally” (above) because I’m aware that some Owners Corporations (O/C) include smoke alarms installed within Lots post Strata Registration in their annual Fire Safety Inspections. That complicates matters to some degree with regard to rental properties, as those annual Inspections don’t align with the inspections that Landlords / Property Managers are required to make at the commencement of each new tenancy.
In your circumstances, I’d determine who owns the smoke alarms within each of your rental properties, and then continue with the private contractor to annually inspect yours ($ seem a bit high), permit your O/C to annually inspect theirs (which will likely the hard-wired unit), and have your Property Manager/s check all smoke alarms at the commencement of each new tenancy and note that on the Incoming Condition Report/s as they’re required to.
I hope that’s clear….because it is a little complicated.
(Just saw Scotty’s post, but no matter ’cause we’re on the same page).
Ancestor & Stumped –
Your Executive Committee (E/C) is required to hold Meetings in order to as you say “process its decisions”, and before those are held the Secretary is required to produce a written Agenda and to either distribute that to every Owner a minimum 72 hours in advance of the Meeting or place it on the Owners Corporation’s Notice Board if there is one on-site; that’s the Law and you and every other Owner has the right, either collectively or individually, to enforce the E/C’s compliance with that through formal mediation conducted by the NSW Office of Fair Trading and if necessary through Orders issued by the NSW Consumer Trader and Tenancy Tribunal (CTTT).
With regard to the By-Law (actually a Special By-Law), you need to initially ascertain by enquiries to to NSW Land & Property Information (incorporating the former Land Titles Office) that it’s been properly Registered on the Strata Title, because if it’s not then it’s not legally enforceable.
If it happens that the Special By-Law is Registered, then you and/or any other Owners can seek Orders under Sect 156 of the NSW Strata Schemes Management Act (SCMA) to require the E/C Secretary to supply whatever documents and records you believe have been withheld as a consequence of those not being made available to the Strata Manager.
The CTTT is not powerless to act, they cannot be unwilling, and in fact their sole reason for existence to assist your Owners Corporation (that includes you by the way) to comply absolutely with the provisions of the SCMA.
There’s ample information on this forum to explain the process that you and/or other Owners need to follow, but perhaps post again if you need any more specific advice.
Thanks Jimmy, I now better understand the differentiation between short-term accommodation and the lease of a residence, but as Sect 49(1) talks about Special By-Laws not restricting “the devolution of a lot or a transfer, lease, mortgage, or other dealing relating to a lot” I wasn’t so sure about that interpretation.
I guess it’s the fact that short-term rentals are not covered by a lease that nullifies the provisions of Sect 49(1), and that must be the professional interpretation of those eminent legal brains.
Thanks again; all’s now clarified!
There’s been a lot of discussion on this topic both here and elsewhere, but I wasn’t aware that there was a zoning of “permanent residential”; just “residential” and the medium and high descriptors within that.
I also wonder if a Plan’s Special By-Law banning short-term lets would contravene Sect 49(1) of the NSW Strata Schemes Management Act?
Doesn’t affect me personally or the operations of our Plan, but just wondering and seeking clarification!
Whale originally said:
“So in summary your understanding is correct; there was no quorum, there was no Meeting, there could be no vote, and psychic or not whatever it was that your Strata Manager “felt” that a vote may have been that’s of no consequence.
My advice – unless you and the others are completely satisfied with all Agenda Motions and they’re all innocuous in your opinion/s, then either provide new proxies including voting instructions on each Motion OR personally attend the reconvened Meeting; both options will invalidate any proxies that any of you may have granted.”
So to reiterate, the process originally followed by your Strata Manager was incorrect, there was no vote legally possible on anything, and as you now advise, the items discussed certainly weren’t innocuous.
The problem is that whatever numbers of owners are present in person or by proxy at the reconvened Meeting will automatically comprise a quorum, so you and as many owners as you can organise must attend that Meeting; I just hope it’s not too late!
You are correct in that the (NSW) Schedule 2 By-Law #17 applies, and as your Plan hasn’t adopted any of the options within that, option A is the relevant provision.
Provided the equality of your voting rights with that of the other owner is on the basis of lot unit entitlement, then that owner cannot stop you from keeping a dog, but the Tribunal may do so if your dog creates a disturbance, fouls the common property, or causes any other by-law to be breached.
Simone – from what I understand your O/C resolved to limit the expenditure of its Strata Manager to $1K, that quotations be obtained in varying numbers up to $3K, and the everything else comes to a General Meeting.
What’s been minuted omits the requirement for quotations, and the best means to rectify that before the next General Meeting is for your Executive Committee (E/C) to meet to resolve in the manner intended, to minute that, and to instruct your Strata Manager accordingly.
Presumably your E/C is on-side with that approach, and as it would be clarifying as opposed to overruling a resolution of the O/C, it shouldn’t present a problem.