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  • #8985
    jenwren
    Flatchatter

      Long time reader, first time poster…  Sorry it is long!

       

      I recently bought a unit in a block of 30 in Sydney.  The block is 8-9 years old and this particular unit has only been rented under the previous owner.  As a result, the unit has no fly screens or screen doors (hello lack of ventilation and mold!) and a storage area adjoining the car space has never been made secure.  The unit has a terrace across one side with three sets of sliding doors opening on to it, and a side passage from beside the front door giving access to the terrace.

       

      Prior to moving in, I sent a letter to the secretary of the executive committee (EC) seeking approval for screen doors on the front door and sliding doors to the private terrace; a gate to limit access to the passage (which is part of the lot) and permission to keep my cat (the by-laws are option A, allowing pets).  Last week I sent a second letter, this time with the strata manager copied in, asking additionally for a security screen for the window (as I wasn’t able to get a window lock to be fitted to the rather odd window frame that allows me to lock the window in an open position for ventilation).  All these items (including pets) have precedence of being approved in the past.

       

      It seems I have struck an EC that never meets and never decides anything.  I cannot determine if the EC has met since a meeting immediately following the AGM in February.  A week after moving in, I had to contact the strata management regarding a shower leaking from the unit above into my storage area and spoke to the SM’s assistant.  I asked how often the EC met and could not be given an answer.  When I had to ring again a fortnight later regarding the same leak, they still could not tell me how often the EC met, but having explained I had sent the secretary a letter, they asked for a copy.

       

      Yesterday, the strata management contacted me to ask if I had a response to my letter.  By this time they should have received copies of both my letters in the post but they claimed not to have, so I sent both letters to them electronically.  Late yesterday, the response from the SM’s assistant was that for my items to be approved (from the first letter, the second was ignored) they would have to go to a general meeting – either annual or extraordinary.  As they assume I would not want to wait to January (I reckon it would be February), I was informed that I could pay for an EGM and then they would carry it out asking for the owners to all vote on the motions I put for my items requiring approval.  (There is no suggestion of special by-laws being required.)

       

      I find this situation absurd.  In the strata scheme I previously lived in, these matters would have been dealt with by the EC.  There should not be any issue with the EC granting approval since they are all within my lot and are not major or without precedence.  I did not specify styles or finishes for the screens and specifically requested the EC specify the strata scheme’s preferred styles and finishes.  (There are generally two different finishes for each type of screen, and no two gates in the place are the same!)  I have been through all the strata documentation I have and have found that one of my neighbours had the screen doors/security screens/gate and storage area for their lot on this year’s AGM agenda, so there is unfortunately precedence for this route of approval, though strangely the storage area part was deferred to the EC meeting following and was then turned down (specific situation that won’t apply to my case).

       

      I’m not terribly fussed about approval for the cat right away.  I’ve upheld my end by asking for approval and approval can’t reasonably be refused – though I do wonder if the cat was turned down by an OC vote (unlikely), just where it would leave me.  She’s a completely indoor cat and I’d be surprised if anyone has even noticed she exists.

       

      The unsecured storage area is a nuisance.  I haven’t finished unpacking from moving because the place is cluttered with stuff that should really be in the storage area – and I have more stuff stored temporarily at my parents place, but at least I’m not incurring storage charges.

       

      The screen doors and window screen I very much need for ventilation; but right now my primary concern is the gate as I have had an opportunistic prowler attempt entry from the terrace on at least two occasions (though I have no proof – if it happens again I will go to the Police as I need formal record of it now for the situation I now find myself in – this was part of the second letter the SM’s assistant appears to have overlooked).

       

      I don’t yet know any of my neighbours.  None of them so much as smile when I cheerily say hello – much less want a conversation, so I fear going and knocking on EC members doors would be viewed as hostile.

       

      Do I: 1. push for an EC meeting to occur and approve my items; 2. stump up for the EGM and just get it done on the strata management terms; or 3. stuff ‘em and let it lie until the AGM where I will seek (ahem, retrospective) approval?

       

      Advice/opinions please?

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    • #19223
      kiwipaul
      Flatchatter

        This neighbour who had these improvements approved at the AGM via ordinary motion (??), it should have been a Special Resoloution and SBL registered to confirm that the owner would be reasponsible for the ongoing repair and maintenance of these items. Check the bylaws you recieved when you purchased the property and see if their are any SBL listed.

        You say most screen doors are of differing designs implying they were installed individually by the owners rather than the OC (their should be SBL for these as well).

        Even if you paid for an EGM what is too say enough will turn up for a quorum or vote to approve your motions (some SM charge $1000 for this service) which would require 75% in favour if the change is to common property (screen on front door)

        Find out who is on the EC (listed in the AGM minutes) and try and get 50% to sign a request for an EC meeting to vote your items. I know the EC cannot authorize changes to the common property only the OC can with a 75% vote but I doubt this OC know that (especially if no SBL are registered).

        Failing to get a reasonable response from the OC, EC or SM advise them that unless you get a timeline for action within 7 days you will be going ahead with the improvements without approval due to it being a safety issue (burgulary risk).

        You cannot go to CTTT to argue your case because you don’t have a motion that has been voted down otherwise I would recommend this route.

        I don’t belive they can discriminate against you if others have been allowed free reign and if they took action against you at CTTT you would have plenty of evidence of your reasonableness and OC unreasonableness, as well as evidence of others having done what you are requesting.

        #19228
        jenwren
        Flatchatter
        Chat-starter

          This neighbour who had these improvements approved at the AGM via ordinary motion (??), it should have been a Special Resolution and SBL registered to confirm that the owner would be responsible for the ongoing repair and maintenance of these items.

          I think it was an ordinary motion.  It did have the standard “responsible for ongoing repair and maintenance” statement attached.

          Check the bylaws you received when you purchased the property and see if their are any SBL listed.

          No SBLs have ever been registered.  One about air conditioners (I don’t have the wording) was approved the year the strata plan was registered, but the SBL was never registered so is irrelevant.

          You say most screen doors are of differing designs implying they were installed individually by the owners rather than the OC (their should be SBL for these as well). Even if you paid for an EGM what is too say enough will turn up for a quorum or vote to approve your motions (some SM charge $1000 for this service) which would require 75% in favour if the change is to common property (screen on front door)

          The strata management seems unconcerned by quorums and said it “is carried out by a simple paper voting process”.  The front door is not on the boundary of the lot, so I’m not sure it is common property, but it certainly affects the common appearance of the building.  75% in favour has not been specified.  And thankfully the cost quoted is only around $300.

          Find out who is on the EC (listed in the AGM minutes) and try and get 50% to sign a request for an EC meeting to vote your items. I know the EC cannot authorize changes to the common property only the OC can with a 75% vote but I doubt this OC know that (especially if no SBL are registered). Failing to get a reasonable response from the OC, EC or SM advise them that unless you get a timeline for action within 7 days you will be going ahead with the improvements without approval due to it being a safety issue (burgulary risk).

          Thanks, that is a path I may go down (and also why next time there are any suspicious activities, I will get the Police involved).

          You cannot go to CTTT to argue your case because you don’t have a motion that has been voted down otherwise I would recommend this route. I don’t believe they can discriminate against you if others have been allowed free reign and if they took action against you at CTTT you would have plenty of evidence of your reasonableness and OC unreasonableness, as well as evidence of others having done what you are requesting.

          I’m happy to go down the CTTT road if it becomes necessary as I believe I have strong grounds (my employer may feel differently if I need time off work!).

           

           

          #19283
          jenwren
          Flatchatter
          Chat-starter

            An update on my situation:

            I chose to write to each member of the EC and assume they were owner-occupiers and post the letters in their letterboxes this week.  The letter noted there were two previous letters sent to the secretary and set out all the items I wanted approved and the reasons why an EGM were not necessary.

            One letter was returned to sender yesterday – either that owner is an investor or has sold up since the AGM and left.  Last night one of the EC members phoned me and wanted to know if I’d already been contacted – no.  We had a 40 minute conversation – the letters were received and the first to get it had emailed the remainder of the EC.

            It turns out the secretary’s box key is lost and has been lost for quite some time, so they had never received my two previous letters (and were speculating what was in them).  They have had three of the five respond to the emails so I was told there was no problem with any of my requests except the storage area – they want to look into the fire regulations first (fair enough).  This EC member had reported a prowler back in April, and had guessed that was behind my urgency (it’s in one of the locked up letters) so I was further encouraged that if the prowler returned, the police should be called.

            Shortly after I went to bed last night, the prowler returned – knocking over the cat balls on a trip string taped and one end to the wall and tied to the watering can and triggered the solar powered sensor light I had installed – noisy and effective.  By the time I got to the light switch for the main light on the terrace, they’d gone, but I phoned the police anyway.  Two patrol cars attended but they didn’t find anyone and I made a report.

            This morning I went and saw the secretary, who is most apologetic.  I gave her copies of the first two letters.  Other members of the EC had been skeptical there was a prowler at all – they are unlikely to be after late last night and what I reported this morning!

            I have verbal approval for all but the storage area work and have been encouraged to get the gate and screens done right away.  I’ve sent info to the secretary on getting a new lock for the mailbox for under $20 and to drill out the lock they can’t find the key for and replace it! 

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