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  • #8982
    Dudley
    Flatchatter

      At our recent AGM it was requested that all communications be made via e-mail. It was agreed that all owners (4 terrace style townhouses in strata plan) would have to agree to this request.

      The Strata Manager has advised that to legally carry out this request, because our strata plan was registered before 1st September 2010,  we would have engage a solicitor to draft a special by-law and have it registered. Obviously at our cost. The reason for the request was to reduce the cost of printing, postage, photocopying, telephone calls etc. that seem to be growing at a furious pace.

      I have read by-law 22 which refers to Service of documents and it seems quite straight forward to me, with no mention of specially drafted by-laws by a solicitor. Is there something I am missing or is the strata manager just being difficult.

      At our last AGM the EC raised issues about tax returns and, as yet, no answer has been provided. The relationship is somewhat “frosty”.

    Viewing 9 replies - 1 through 9 (of 9 total)
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    • #19211
      kiwipaul
      Flatchatter

        I don’t belive that a SBL is required either, but you could humour your SM by writing one yourself and getting it approved and then tell the SM to register it. (cost approcx $100).

        SM works for you and he has to do what you say (so long as it’s legal) and their is absoloutely nothing in the act that requires ANY bylaw to be written by a solicitor. Could be he is not computer literate and so that is his problem.

         

        #19216
        Whale
        Flatchatter

          KP’s right; you don’t need a Special By-Law.

          You could instead Specially Resolve (i.e. ≥75% of those in attendance at a General Meeting being in favour) to adopt the following Model By-Law that’s in Schedule 2 of the NSW Strata Schemes Management Regulation (2010);

          22 Service of documents on Owner of Lot by Owners Corporation

          A document may be served on the Owner of a Lot by electronic means if the person has given the Owners Corporation an e-mail address for the service of notices and the document is sent to that address.

                                                           OR

          Simply put an identical Motion on the Agenda for your Plan’s next General Meeting, and if there’s a vote in favour on the basis of a simple majority, then instruct your Strata Manager to include a pro-forma request with the next Levy Contributions Invoice for Owners to provide an e-mail address for that purpose.

          #19222
          Dudley
          Flatchatter
          Chat-starter

            kiwipaul & Whale, many thanks for the information.

            As one of our owners is not living locally arranging a general meeting is difficult. Could the “Special Resolve” be conducted by mail? If so, would it be necessary to register the “Special Resolve” and pay the circa $100.00? 

            It seems that registering such a slight issue seems total “over-kill” and may be just bureaucracy gone mad.

            I know that three of the four owners support the e-mail idea and feel that the absentee owner would have no objections either.

             

             

             

             

            #19226
            Whale
            Flatchatter

              Dudley – yes a Special Resolution can be voted upon by mail, by your absent owner “attending” the General Meeting by way of a proxy granted to someone who is personally attending, and at their option by instructing that person how to exercise that proxy; i.e. how to vote on the Motion.

              In order for a Special Resolution to pass, there needs to be agreement by ≥75% of those in attendance both personally and by proxy at the General Meeting, and whilst that could be 3 of the 4 Owners, remember that the percentage in favour is calculated on the basis of the total (lot) unit entitlements of those Owners ÷ the aggregate unit entitlement for the Plan.

              As I said before, you only need the Special Resolution to actually adopt the Model By-Law #22 that’s already provided in the Regulation. There’s no need to then Register that as a Special By-Law!

              Your O/C will then have the basis upon which to instruct its Strata Manager to include a proforma e-mail notification with the next Levy mail-out so as to enable Owners to provide that as their “address for the service of notices”. 

              Remember though, if an Owner chooses not to provide an e-mail address then you’re stuck with snail-mail for that individual.

              Hope that’s cleared things up!

               

              #19238

              Although sending communications and serving notices via email makes perfect sense these days it is currently not supported by the NSW legislation. s236 of the Act sets out the manner in which an owners corporation may serve notice on others. This section does not include email communication.

              It is somewhat curious then that our legislators chose to include by law 22 in the 2010 Regulations when it is not consistent with the Act.

              I am sure that his will be addressed when a new Act comes before parliament (which we have now all been discussing for years – next year maybe?).

              In practical terms though if owners agree in writing to receive notices by email, an email address is provided and you choose to adopt by-law 22 of the 2010 regulations there would seem to be no risk involved in following this path.

              A couple of further points to consider though…

              1. Your strata managing agent will need to have a system which easily allows them to email notices. There system will be set up for the current provisions in the Act however many agents are forward thinking enough to have the facilities in place at present. If yours don’t then find one who does.
              2. This may not necessarily save the owners corporation a lot of money as many agents charge disbursements for sending emails (per email) so even though you are not paying for printing & postage they may still get you in the end anyway.

              Lets hope that the new Act will be consistent with the 21st century!

              #19241
              Kangaroo
              Flatchatter

                @just get on with it said:
                Lets hope that the new Act will be consistent with the 21st century!

                Let’s hope the new Act will be legislated in the 21st century!

                #19246

                Our Managing Agent just started emailing us all quite a while back (which we are all happy with) although I don’t recall seeing a reduction in their fees/costs though, interesting.

                #21266
                JaniceF
                Flatchatter

                  Our SM wants to charge each unitholder $33 per year to send email communications. As only a few of us use email we declined. Apparently it’s a lot of work to put the addresses in the system.

                  #21268
                  Whale
                  Flatchatter

                    It’s not a fortune, and by “communications” your Strata Manager probably means Levy Contributions Invoices, Meeting Agendas, Minutes, as well as Correspondence.

                    Frankly, I’d be lost without electronic communications with my fellow Owners, all except 4 of whom (≈10%) not only accept that, but now use the imbedded links on our paperless Levy Contributions Invoices to make their payments by EFT and Credit/Debit Card (thanks to PayPal ®); great for cash-flow.

                    Janice, I strongly urge those of you who don’t have an e-mail address to bite the virtual bullet, as it’s a superb means to facilitate communications and feedback with/between Owners; something that’s essential in my opinion for the achievement of a well run and harmoniously inclusive Strata Plan.

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