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Hi all.
I have had a scan through the forum and found some information related to what I am after but nothing complete. Apologies if I missed something though.
We have a few ongoing Strata issues at the moment concerning pets and renovations and I have a few queries regarding what information I should or should not be allowed access to:
– How are decisions reached by executive committee? i.e do they always have to have meetings in person or can they just make decisions (vote) over email?
– Should we able to get access to that correspondence and see the breakdown off the vote? i.e. if there was a physical meeting can we request the minutes and if there was an email thread can we request that it is forwarded?
– If there was a letter sent to every other owner regarding a strata issue, can we request access to it?
Some basic background – I know there was a physical letter sent out to every other resident regarding our dog (we have gone through the appropriate channels and are currently awaiting an adjudication decision on that one) but am not sure what it said and want to know if I have a right to find out? Regarding the renovations, we have been told that we need to get a bylaw (it was a split decision) in place as there is a minor change to common property required. This is perfectly within the EC’s rights and fair enough but my concern is that I am aware of other renovations by other residents that would also have likely required bylaws and I can not see any record of them, I do not think one rule for one and one for another is fair.
We do have access to our strata manager portal but I can’t see anything regarding meetings for decisions on any of these issues.
Thanks and please let me know if any further info is required. Ta.
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@Kinkladze82 said:
This is perfectly within the EC’s rights and fair enough but my concern is that I am aware of other renovations by other residents that would also have likely required bylaws and I can not see any record of them, I do not think one rule for one and one for another is fair.
Thanks and please let me know if any further info is required. Ta.
That’s right the same rule must apply to everyone and to find out what Special bylaws have been approved you just need to go to the Lands dept of NSW gov and obtain a copy of the current bylaws for your complex. Cost about $20 and their should be bylaws referencing all the alterations done to date. If the bylaw is not registered it’s not valid.
The strata has 2 years to register any bylaw that has been passed by the OC otherwise it lapses, so if you have copies of the agenda’s of all general meeting for the last 2 years you will have a complete record.
Kinkladze82 – in response to your other questions (post #1), your Executive Committee Secretary is required to produce a written Agenda for each Meeting they convene, to make that Agenda available to each Owner at least 72 hours before the commencement of each such Meeting, and to provide each Owner with the Minutes of the Meeting within 7 days of it taking place.
The above may be made available by mail, by electronic means, or if your Owners Corporation has a Notice Board on-site, then that can be used as the means to comply with all of the above notifications.
In terms of past Executive Committee and General Meetings, you can access any or all of the above from your E/C Secretary or Strata Manager, but if they’re obstructionist put your request in writing and cite Sect 108 of the NSW Strata Schemes Management Act, which is the procedure by which any Owner can view any record held by their Owners Corporation for the princely sum of $31 for an hours perusal, plus any charge for photocopying or scanning if you require copies.
As for the need to hold physical meetings, there’s nothing prescribed in the Legislation that makes that clear, although as Owners have the ability to personally attend E/C Meetings (e.g. if there’s an Agenda item that interests them), that’s a little difficult to arrange unless there’s a physical location for the Meeting/s!
On the subject of (special) by-laws for renovations, they’re only necessary if, after granting consent by way of a special resolution at a General Meeting (not an E/C Meeting), the Owners Corporation (O/C) additionally wants, with the renovating Owners written agreement, to transfer its default responsibility to maintain common property areas of a (then) renovated Lot to that Owner and to subsequent Owners from time-to-time of that Lot. For example, if the consented renovations involve the installation of new hard flooring or wall tiles, then the O/C may not wish to accept maintenance responsibility for such items ($$) even if they’re fixed to, and therefore form part of, its common property (floors/walls).
It’s not necessary to have a special by-law (SBL) for each renovation as per the above (although that approach is permissible), and it’s in fact much simpler for an O/C to specially resolve (again at a General Meeting) to Register a generic SBL covering all or at least Owners’ most requested types of renovations (e.g. bathrooms / kitchens) with standard conditions set-out, and then (and only then) the E/C may grant consent to those on behalf of the O/C where proposed renovations are within the scope of that “envelope”.
Finally, the special resolutions that are necessary for O/C’s to consent to renovations involving its common property (e.g. floors, perimeter walls, ceilings) and to create / register SBLs require ≥75% of those Owners in attendance at the General Meeting, both personally and by proxy), to vote in favour in accordance with the unit entitlement of their Lots (i.e. a “poll vote” not a simply majority vote).
Hope that closes the rest of the loop for you.
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