- This topic has 3 replies, 4 voices, and was last updated 3 weeks, 5 days ago by .
-
Topic
-
The OC has recently held its 2024 AGM. Apparently, a resolution was passed at this AGM (not on the notice provided prior to this AGM). The Meeting was held over 3 weeks ago but Minutes have not been distributed yet and on email request to Manager and OC there no reply from either the Manager as to when the Minutes will be distributed. However I have concerns about a brand new on charge to owners sent in a recent email from the Manager to ALL Owners., i.e., the Manager has indicated that: ’the provision of service from [Strata manager name removed] in relation to non-compliance to the above guidelines and attached rules [aka Sched 2 Model Rules] is not part of our duties for which we receive a fixed fee under the management agreement. In accordance with the resolutions made at that AGM, our attention to this matter will be charged to the Owners Corporation at $187.00 per hour and the Owners Corporation has resolved to pass such costs to the relevant lot requiring the work.’I have never heard of this type levy/expense or on charge before and in context to work done by Manager for issue related to Sched 2 Model rule dispute and it is not referenced in the OC Act or Regulations or Model Rules. Can the owner be on charged legally/ethically by the OC and for any amount of money and in context to work carried out by SM in relation to the Schedule 2 Model Rules (and as it follows, I note, which would incl. dispute resolution ‘7’)? Thanks.
-
Replies
-
Are you in NSW?
I don’t know what you mean by Schedule 2 model rules. Is this about by-law breaches? I remember jimmy interviewing Bannermans lawyers about a costs by-law for by-law breaches. It is invalid. You can’t charge an owner for breaching a by-law unless you take the matter to NCAT.
I think your question is different because the strata manager intends to charge the owners corporation, not the person who breached the by-law.
I can only speak about NSW and refer to the Strata Schemes management Act 2015.
Before a general meeting, you should have received a notice of a meeting with the meeting agenda. The meeting agenda should list all the motions which will be voted. There should be a motion stating that the Owners Corporation will pay this $187 per hour.
A meeting notice and agenda should be delivered at least seven days in advance of the meeting. You should have at least seven days to consider this decision before voting on it.
Can you get a copy of your strata manager’s agreement? This should document every charge and what service they provide. Don’t take ‘no’ for an answer. As owner, you are entitled to see what is in that agreement. It’s quite an eye opener.
- This reply was modified 3 weeks, 6 days ago by .
Are you in NSW?
I just got an email saying he is in Victoria.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
YOu need to look at the strata management contract
It will say what is included in the fixed fee, and what is schedule B fees
But just because it is included in the fixed fee does not automatically make it a schedule B fee. Remember this is a contract signed by both parties ad is the entire agreement. If a party left something out, then the only way to have it included is to amend the contract with the AGREEMENT of both parties.
The strata manager (or the OC) cannot just at a whim move the goal posts.
- You must be logged in to reply to this topic.