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  • #78202
    Quark2
    Flatchatter

      Currently trying to do a rather extensive Reno after tennats moved out. Understand that I need a approval from the Strata Comittee.

      Have asked Strata Manager to organise a meet with the OC to get this approved. However, no response from the Committee members. Spoke with Strata Manager to get the contacts of the members so I can follow up, but ultimately gatekeeped to protect the privacy of the members. (there’s only 3 members)

      It’s been about a month already, and i’m keen to get this moving as I’m bleeding rent and mortgage for the delay.

      Is there anyway to expedite this approval as the next offical meeting is like 3 months away.

      I saw from the other posts i can initiate my own EGM but will need the contacts of the other members (which I’m being gated out from the strata manager) . What are my options at the moment to get this moving forward?

    Viewing 15 replies - 1 through 15 (of 15 total)
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    • #78211
      Jimmy-T
      Keymaster

        You are entitled to see the strata roll with all names and addresses on it.  If the SM refuses to show you it, then report them to Fair Trading, which you can do online.

        By the way, I have changed your absolutely hilarious (IYHO) screen name to something less offensive than the homonym you tried to post. If you approached your committee with the same juvenile lack of respect it might explain their reluctance to engage.

        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.
        #78250
        Quark2
        Flatchatter
        Chat-starter

          Hi Jimmy,

           

          thanks for your reply! My apologies about the user name.  The SM is trying to get a retroactive approval (so I can start the works?), but the OC is still deliberating. Even if i got the Strata Roll and tried to organise a EGM , (which as I understand it’s not allowed since this is not an Emergency ) . Is there any way to further escalate this as I’m not in direct communications with the OC , (only though the SM)

          #78267
          Jimmy-T
          Keymaster

            Even if i got the Strata Roll and tried to organise a EGM , (which as I understand it’s not allowed since this is not an Emergency )

            An EGM is an Extraordinary General Meeting – it has nothing to do with emergencies.  You would still need the support of 25 per cent of owners or the majority on the committee to call one.

            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.
            #78254
            Quirky
            Flatchatter

              You need to determine the type of renovation – major, minor or cosmetic, and the renovation procedure depends on this, as well as your building’s by-laws. If you renovation is a legal (ie, would be allowed) and you are sure of that, then go ahead with the renovation. The OC would then have to scramble to get involved, and the result will be the same. Otherwise, get a strata lawyer involved, especially if there are serious costs involved.

               

              #78313
              UberOwner
              Flatchatter

                I’m with Quirky. If you’re doing basic and necessary things like re-waterproofing a leaky bathroom, updating kitchen fittings and re-carpeting then I’d be moving forward. I’d make sure I had all the usual documents (qualifications/certifications of tradespeople etc) and I’d be making sure no noisy work took place outside 8am-5pm. Let’s say your OC takes you to NCAT because you didn’t wait for formal permission. If your approach has been thoughtful and generous towards other residents, you haven’t messed with common property and you’ve done everything by the book, the Committee is going to come out of it looking bad, not you. Make sure you keep records of your communications with the Committee.

                #78327
                Quark2
                Flatchatter
                Chat-starter

                  Hi All,

                  Thanks for everyone’s reply (i’m quite grateful), as this has becoming quite distressing. The renovations in question is quite extensive and I don’t think it’ll classified as minor or cosmetic. These will include, plumbing and electrical disconnects/reconnect and installation of vanities and ceiling lights in the bathroom as well as new oven and rangehoods in the kitchen, new flooring and paint job for the whole place. I rather do this by the book (to avoid legal blowbacks), as it seems my property manager has angered the OC by organising the rubbish removal before it had been approved (and a little kerfluffle with where the contractor was parking in the property). Hence probably why they’re here to exact my pound of flesh.

                  I have requested the strata roll, and the Strata Manager has given me the run around with the “weaponised incompetenece” by sending me the strata change form, and then sending me the strata roll with just my details, and this morning has informed me that the secretary has declined to release his information and now has has referred me to a strata search agent to cough up $34.10 for a search.

                  I don’t know how to engage with any meaningful dialogue with the OC, especially via the Strata Manager, since they haven’t responded to any requests for EGM initation. I do prefer to settle without legal action but I’m not sure what choice I have now?

                  #78329
                  Jimmy-T
                  Keymaster

                    I would not advise you to do anything except press your case through mediation and, if need be, an approach to NCAT.

                    In the meantime I would advise the strata committee that, by refusing to consider the application, they are in breach of their duties under Section 232(2) of the Act, regarding failure to fulfil their responsibilities.

                    In the meantime pay your $34 to get a copy of the strata roll (consider it a penalty for jumping the gun on rubbish collection) and then write to all owners explaining that you want to do the right thing and you want to avoid any unforseen consequences but the committee won’t let you.

                    How that will be regarded on the committee is impossible to tell but you might want to slip quietly into the conversation that you could be looking for compensation if this costs you financially.

                    If you want the nuclear option, apply the NCAT (directly) for the appointment of a compulsory strata manager.  That would get their attention.

                    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.
                    #78366
                    Quark2
                    Flatchatter
                    Chat-starter

                      So update. I’ve paid for the strata roll, but it’s just a roll “search” which I have to go in person to find. Otherwise I need to hire a search agent to do so. ( i have no idea it would be this hard to get a phone number of a committee member)  I’ve sent an email passage to the OC via the Strata Managers, but they will take 2 days to reply to me.  Should i still pursue the “peaceful” option of trying to communicate or just go with mediation.

                      Is there a difference with going with mediation or NCAT, and will the process take long? ( If it takes longer than April then there’s no point in starting this procession) . Strata and OC have been using extensive delay tactics, like giving me hard deadlines for replies and then missing them . I’m afraid if we go through this it’ll be longer and they will deny my approval over frivilous reasons.

                      #78368
                      Jimmy-T
                      Keymaster

                        Is there a difference with going with mediation or NCAT, and will the process take long?

                        You must go to mediation before you go to NCAT (except for in a small number of very specific instances, such as asking for a penalty for a breach of a Notice to Comply, or an application for the statutory appointment of a strata manager).

                        There is a long delay in the process at the moment but if you can show that there is a chance of severe  personal or financial hardship you can apply for an urgent hearing, according to this NCAT factsheet.

                        When you inform the committee that you will be taking them to NCAT, tell them you will be seeking a costs award to cover your financial losses. That might focus their minds.

                        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.
                        #78422
                        Shortcrust
                        Flatchatter

                          Quark, you asked about the time it takes for a matter to be heard by the mediator.

                          As I understand it, you first file ( apply) online for mediation. Fair Trading will get back to you in no less than 10 days with a date for mediation which will be 8 weeks later at least.

                          And that assumes your application for mediation has no unanswered questions from FT’s point of view. If FT wants clarification from you, then only when FT studies your reply will a date for mediation be set.

                          The other side will have time say 14 days to accept or turn down the invitation to mediation. After the mediation session takes place, and you’re unhappy with the outcome or if the other side turns down the invitation to mediation then you could apply to ncat, for which there may be another 3 mths wait for the initial hearing.

                          If the other side digs in its heels, the matter may be heard by ncat over a few months with an order handed down possibly several months later.

                          #78432
                          billyboy
                          Flatchatter

                            The mention of replacement of flooring does bring the possibility of future dramas if not done to satisfy all parties – lawyer’s advice to us, always get an acoustic report! Without knowing the age or construction of your place, the flooring does raise some suspicion, you may find that plumbing and electrical work on the property wouldn’t simply just involve those two trades, but may require proof that the passive fire protection wasn’t compromised by penetrations, etc

                            On waterproofing of bathrooms raised earlier, with class 2 buildings, it’s a fairly low dollar threshold from memory before you run into regulated designs – and all that entails.

                            #78440
                            Quark2
                            Flatchatter
                            Chat-starter

                              Hi All, Update 2

                              There’s no structural change to the building for the reno. Pretty much everything is cosmetic. If the floor is unable to be wooden board, I’m happy to change it to the carpet flooring (currently it’s carpet) For the Bathroom – Vanity, toilet bowl, shower screen, and paint. Kitchen – Cupboard, benchtop and stove and rangehood. and then paint for the rest of the rooms. The electrical work and plumbing is just disconnect the exhaust fan and bowls and put new one in.

                              Unfortunately, looks like they’ve booked in the EGM for April 3rd. There has been no dialogue and so I cannot negotiate with anyone in the OC. and also the SM will be away for most of the month from 12/03/25.   Looks like there’s no point dragging this out on NCAT, if it takes that long, but it’s just really disappointing that the members of the OC has to be this vindictive . Although would still like to go through NCAT as a backup in case they keep pulling rabbits out to delay, is that a possibility or just a waste of resource. There’s no option to explain myself for a reduced fee online, unless i have concession or pension.

                              #78477
                              StuMcL
                              Flatchatter

                                Hi All, Update 2

                                There’s no structural change to the building for the reno. Pretty much everything is cosmetic. If the floor is unable to be wooden board, I’m happy to change it to the carpet flooring (currently it’s carpet) For the Bathroom – Vanity, toilet bowl, shower screen, and paint. Kitchen – Cupboard, benchtop and stove and rangehood. and then paint for the rest of the rooms. The electrical work and plumbing is just disconnect the exhaust fan and bowls and put new one in.

                                Unfortunately, looks like they’ve booked in the EGM for April 3rd. There has been no dialogue and so I cannot negotiate with anyone in the OC. and also the SM will be away for most of the month from 12/03/25. Looks like there’s no point dragging this out on NCAT, if it takes that long, but it’s just really disappointing that the members of the OC has to be this vindictive . Although would still like to go through NCAT as a backup in case they keep pulling rabbits out to delay, is that a possibility or just a waste of resource. There’s no option to explain myself for a reduced fee online, unless i have concession or pension.

                                None of those items are major renovations and need any approvals. The only item you realistically need approval for is the flooring. Get the acoustic report for the floorboards and send the strata manager a renovation request (they will have their own form). If the OC does not respond in the required time you can go to NCAT but I’d see no reason for that.

                                #78479
                                Jimmy-T
                                Keymaster

                                  For the Bathroom – Vanity, toilet bowl, shower screen,

                                  Can you do all that without moving tiles?  Move the tiles and you probably affect the waterproofing.  Mess with the waterproofing and you need a by-law.

                                  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.
                                  #78516
                                  StuMcL
                                  Flatchatter

                                    For the Bathroom – Vanity, toilet bowl, shower screen,

                                    Can you do all that without moving tiles? Move the tiles and you probably affect the waterproofing. Mess with the waterproofing and you need a by-law.

                                    Yes move tiles and waterproofing is needed with a registered design, new by-law and all that stuff.

                                    But these 3 items are fixtures and generally sit on top of the tiles so should not affect the waterproofing.  They are also the responsibility of the owner and don’t need OC approval to change.

                                  Viewing 15 replies - 1 through 15 (of 15 total)
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