@Mojo_1 said:
A question, Jimmy. The SM has been emailing me and calling me telling me I have NO powers to investigate issues or to speak at meetings. She’s emphasised that ALL I can do is vote. I thought that if I had permission of a majority of owners, I’d be able to speak at a meeting if it was relevant?
I would tell your strata manager she needs to go back to strata school. You can investigate as much as you want and talk to owners in a private capacity.
Under strata law you are an “interested party” and can raise complaints on a variety of issues at Fair Trading and NCAT. These include matters covered by sections 138 (resolution of disputes and failure of Owners Corp to fulfil its obligations) and 158 (To make, amend or repeal by-law conferring exclusive rights or privileges over common property) – both of which are relevant in your position.
All owners are entitled to attend executive committee meetings or send proxies, however, they or their proxies can only speak if a majority of the committee agrees. This applies to owners as well as proxies. You can speak at a general meeting as a proxy of an owner.
As to being elected to the EC? Are you sure? I’m just a proxy and a tenant…
Anyone – even a non-owner, non-resident of the building – can be elected to the EC at an annual general meeting, or elected by the EC to fill a mid-term vacancy, provided they are nominated by an owner who is not standing for election his or herself. There are buildings where a long-term tenant has even been elected chairman.
One other specific question: does an owner of a car space own the airspace above it – ie to build a second story structure over it on metal stilts that preserve original car space?
I believe the standard airspace allowance is 2.4 metres above the floor (or thereabouts – but it’s what’s on the strata plan that counts). There is also the issue of the new structures potentially being attached to common property, which includes drilling bolts into the floor and adjoining walls, and who takes responsibility for their maintenance.