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Can anyone guess the outcome? The repairs to common property was not approved. The other motions were. A suggestion that those with a conscience go to NCAT was met with retribution.
Thanks Jimmy and Sir Humphrey. I too prefer Canberra’s rules “anyone who could have voted”, assuming it’s on unit entitlements. Then, the motion would have had buckely’s chance of passing. Who is Buckley anyway?
And to set aside the politics. Impossible. An email from the SC was sent to all owners just before the meeting; on the one hand, they criticised and named one owner who had placed a motion on the agenda to repair a small area of common property, falsely suggesting it would cost owners hundreds and thousands of dollars, while on the other hand, subtly informing owners reasons why all the other motions should be accepted. Is this actually legal?
We all voted with our consciences.
Hi Jimmy, a group of owners in our strata complex have to vote on a motion that is a special resolution. The trouble is, the matter to be decided on was passed through various stages by dishonest and nefarious means. In other words, it’s null and void.
If we vote against the motion, all hell will break loose. If we abstain, our votes won’t count.
How do we stick to our moral compasses when deciding what to do?
Unfortunately Sammy, this is yet another scenario where the owner has to pay for a lawyer to get their strata committee to repair common property issues. It took me six years to have our dilapidated lift replaced, despite residents being stuck in the lift on a regular basis, some for half an hour.
Tina is right. Get copies of all emails regarding the matter. As I live in NSW, going to NCAT does not necessarily require lawyers. But you have to be well prepared and brave.
I’m a bit confused by the D & BPA quizz. There are three answers to one question in most cases. Some answers apply, but others don’t.
So I’m not sure how to respond to the question.
Only my common property balcony of four is ponding, causing damage to the membrane. I keep asking the strata committee to lay some self-levelling screed to fix it. Then later, to apply a membrane on all the four balconies.
But they have refused to do it, further damaging the membrane and lowering the value of my property.
Would the screeding come the DBPA?
Sorry Quirky but strata managers are of little use when in a stalemate. What I have said above, Fair Trading can do what NCAT does/doesn’t do. Easy peasy.
The new Amendment Bill to the SSMA 2015 includes the following powers to Fair Trading:
The Bill includes key reforms that aims to encourage owners corporations to comply with their duty to maintain and repair common property. They include:
- helping owners corporations to maintain and repair their common property by restricting an owners corporation’s ability to defer building works if safety or amenity is affected and
- prescribing requirements for the 10-year capital works fund plan, and empowering NSW Fair Trading to enter into enforceable undertakings with owners corporations or issue compliance notices where owners corporations have not met their duty to maintain and repair the building.
Fair Trading will have the power to impose substantial penalties if the content of compliance directions issued to owners corporations are not complied with. As an ultimate sanction, NSW Fair Trading also now has standing to apply to NCAT for the compulsory appointment of a strata managing agent to a scheme unable to meet its obligations under the Act.
What about a strata committee member who, at a general meeting, asks for a special bylaw to be rewritten so that it suits their request (motion)? And what if approval would conflict with council rules?
I was contacted by the Strata Hub by phone, having set up a Microsoft teams meeting with them. They were immensely understanding and helpful.
Having been voted at a recent AGM as our building’s emergency on-site contact, I asked the staff if my contacts details were on the Hub because I couldn’t find them. They were not, they said.
Contact details are used by emergency services ie fire brigade, ambulances etc. and are therefore vital for the safety of the residents in a strata complex.
Why weren’t they there? Because I was removed from the Hub by an unknown person. When I asked the SM that I be put back on, they told me this would happen. I also asked for the password etc etc but never received a response. I also asked for the most up to date strata roll so I knew who resided in the building. I’m still waiting for that a month later.
Does this mean the strata management has complete control over who can be an emergency on-site contact? Despite the owners AGM decision?
Can anyone answer the question regarding the responsibility of the Strata Committee to insure that every resident is safe from accidents that are common property.
For instance, illegal height balustrades, scalding hot water, mould from water ingress, doors that slam so hard they injure people etc.