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  • #59118
    fruitzebra
    Flatchatter

      Our strata levy (nearly $2000 a quarter for a 3-bedroom unit) is very high for quite some time now. We’ll have our AGM in about 10 days. I am not a committee member. I want it to be lowered. What would be the best way of going about it? Should I raise it in the AGM or do I need to make a proposal beforehand?

    Viewing 15 replies - 16 through 30 (of 31 total)
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    • #59184
      Jimmy-T
      Keymaster

        Another question, what would happen in the AGM if a voting ends with a tie, for example voting for a member for the committee or over a strata issue?

        You’d go to a poll vote (counting unit entitlements).  If it was still equal you could call for a re-vote, in case someone changes their mind.  Finally the status quo would prevail in a decision on an issue.  Not sure with a committee election – I think you would re-do the process but just add one seat so that both tied owners were elected.

        What you would not do is to allow the incumbent candidate in a tie to automatically keep their seat. The chair doesn’t have a casting vote in NSW.

        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.
        #59187
        fruitzebra
        Flatchatter
        Chat-starter

          Will I be allowed to record the whole meeting, since it will be a virtual meeting, just for the sake of reviewing at a later time just in case? Last year, they did something very bad against the strata law/rules in the meeting, but I don’t have any evidence to go to NCAT later.

          #59186
          fruitzebra
          Flatchatter
          Chat-starter

            Thanks, Jimmy-T! I just want to think of possible scenarios in the AGM, since the strata manager and the committee have a history of  misbehaviour (not sure if this is the right word) in the AGM. If there is a tie and I demand a poll vote, could they deny it?

            What do you mean by unit entitlement? Is it the number of unit an owner owns in the strata or the entitlement related to the size of the unit? I know that every unit has a different entitlement in our strata because of different sizes.

            #59192
            Jimmy-T
            Keymaster

              Will I be allowed to record the whole meeting, since it will be a virtual meeting, just for the sake of reviewing at a later time just in case? Last year, they did something very bad against the strata law/rules in the meeting, but I don’t have any evidence to go to NCAT later.

              You’ll have to tell them you are planning to do that, as recording what someone says without their knowledge is an offence. But if they know you are recording and they keep talking they have effectively given permission.

              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.
              #59193
              Jimmy-T
              Keymaster

                If there is a tie and I demand a poll vote, could they deny it?

                No.  Any owner entitled to vote can call for a poll vote at any time during the meeting.

                What do you mean by unit entitlement? Is it the number of unit an owner owns in the strata or the entitlement related to the size of the unit? I know that every unit has a different entitlement in our strata because of different sizes.

                Unit entitlement is the figure by which your levies are calculated. It’s also the measure of your voting strength.  You really need to download,  read and absorb the Fair Trading publication Strata Living.

                 

                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.
                #59195
                kaindub
                Flatchatter

                  Fruitzebra

                  I would suggest to invest the $50 or $80 and take the online OCN course for committee members. It will give you greater clarity as to how strata works.

                   

                   

                  #59194
                  kaindub
                  Flatchatter

                    Just to clarify.

                    In a vote for a motion, if the motion results in a tied vote then the motion is defeated.
                    As JT says, one can call a poll vote where votes are then counted in relation to ones unit entitlements. But this is not a revote.
                    There is no provision in the act to revote a motion thst has passed or failed. It stands as it was voted on in the first place, unless the poll vote tips the result the other way.

                    Any motion can be amended at the meeting. This is a powerful tool , in my opinion, in strata. Firstly anyone can move. Motion to amend a motion. So in this case the motion to amend the motion would be “ levies of X dollars”. You then get a chance to put forward your argument for the AMENDED motion. The only people who can vote on the amendment are the people in attendance at the meeting.
                    If the wording for the amended motion is passed, then the amended motion is voted upon.
                    Again the only people who can vote on this are the people in the meeting.

                    It seems weird how I describe it,but that’s correct meeting procedure.

                    And as for the committee. Each candidate stands on their own at each election. A person currently on the committee needs to garner sufficient votes at the meeting to be elected to the committee. AND a candidate can not be voted out nor excluded from standing.

                    A candidate can be not elected  if the number of positions to be voted for are less than the number of candidates.

                    My experience with small strata is that it’s unusual to have too many candidates, especially when so many lots are investment properties,where owners are not involved.

                    #59202
                    Jimmy-T
                    Keymaster

                      There is no provision in the act to revote a motion that has passed or failed. It stands as it was voted on in the first place, unless the poll vote tips the result the other way.

                      True, but I can see an informal situation where a chair might encourage, say, members who had abstained to decide one way or the other in a re-vote.  Would that be legal, strictly speaking? No. Would it end up in the decision being challenged at NCAT? Possibly, but I’ve never heard of it.  We all know that smart strata chairs will bend the rules a little just to keep things moving forward.  But I should have made it clear that was an informal option.

                      Any motion can be amended at the meeting.

                      True, but this would have to happen before the deadlocked vote or the “no re-vote” situation would apply. I can see this happening in a small scheme or one with poorly attended general meetings where the chai had counted heads and knew there was going to be deadlock.

                      A candidate can be not elected if the number of positions to be voted for are less than the number of candidates.

                      Not sure what you mean by this.  That is exactly the scenario in which an election would be held otherwise all those nominating would join the committee.

                      In reality, if the correct process is followed – nominations, followed by a vote on the number of seats, followed by an election if needed – the meeting decides whether or not it wwants an election.

                      This is often used as a way of keeping people off the committee that the incumbents don’t want there, or a way of taking over a committee by a new group using the support of a majority of owners.

                       

                      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.
                      #59282
                      fruitzebra
                      Flatchatter
                      Chat-starter

                        I’m looking at two expenses in the AGM notice: Cleaning, $1,309.00; Cleaning & Lawns, $11,715.00.
                        We only have cleaners to take out rubbish bins and very basic common property cleaning. We don’t have lawns to maintain. I don’t see anything done around the building. This big cleaning & lawns cost looks very suspicious to me. We are a small scheme fewer than 15 units. Should I ask this at AGM or beforehand?

                        #59284
                        Jimmy-T
                        Keymaster

                          I’m looking at two expenses in the AGM notice: Cleaning, $1,309.00; Cleaning & Lawns, $11,715.00.

                          We only have cleaners to take out rubbish bins and very basic common property cleaning. We don’t have lawns to maintain. I don’t see anything done around the building. This big cleaning & lawns cost looks very suspicious to me. We are a small scheme fewer than 15 units. Should I ask this at AGM or beforehand?

                          Get a quote from one of the Franchise firms like Jim’s Mowing (and cleaning etc).  Before the meeting ask the committee to provide the scope of works that the cleaners and gardeners have been given, they should provide this for the meeting. Also at the meeting ask how they were awarded the contracts and how many other service providers were asked to quote.

                          Be aware that by the time you have done this, you will be very unpopular with the incumbents and they will move heaven and earth to keep you off the committee.

                          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.
                          #59281
                          fruitzebra
                          Flatchatter
                          Chat-starter

                            Thanks for your comments and suggestions! Our AGM has been scheduled at 5:30pm via zoom. The time is very inconvenient for people. So I requested via email the time to be rescheduled at 7pm. We had a face-to-face AGM last year at 7pm. But the strata manager refused to change the time. Is there anything I can do here?

                            #59286
                            Jimmy-T
                            Keymaster

                              Thanks for your comments and suggestions! Our AGM has been scheduled at 5:30pm via zoom. The time is very inconvenient for people. So I requested via email the time to be rescheduled at 7pm. We had a face-to-face AGM last year at 7pm. But the strata manager refused to change the time. Is there anything I can do here?

                              Not on your own, no.  If you want to change anything you are going to have to get support from the other owners. Otherwise you are just whistling in the wind.

                              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.
                              #59287
                              fruitzebra
                              Flatchatter
                              Chat-starter

                                Not on your own, no. If you want to change anything you are going to have to get support from the other owners. Otherwise you are just whistling in the wind.

                                Another owner also wants to change it. What if his request is refused again, as I’m sure the strata manager will refuse it?

                                #59290
                                TrulEConcerned
                                Flatchatter

                                  Ask the managing agent for copies of the invoices for the $1,309.00 and $11,715.00. Look out for the gaps I found when I faced  a similar issue in my strata. While I got the invoices they were scant on detail:

                                  * No exact date of when the person attended (just the month)

                                  * No details as to what exactly was done

                                  * No details as to who was sent by the cleaning company

                                  * No mention who on the committee inspected the work claimed to have been performed and approved payment.

                                  #59289
                                  kaindub
                                  Flatchatter

                                    I see it so often (I’m on three strata committees) where owners become disgruntled with the levies they are charged.

                                    In my experience, there is no malicious intent by either the strata committee or the strata manager. They generally try to maintain levies at reasonable levies.

                                    Remember that owners of the committee also pay levies.

                                    When disgruntled owners have it explained how the administrative fund levies are calculated, and how the capital fund levies are calculated, they get a better understanding of why the money is raised.

                                    Rather than agitating and getting off side with the committee, take the time to ask questions of the strata manager or the committee. Do your Enquiries prior to the AGM and then be prepared to offer constructive input when the motion of levies comes around.
                                    Additionally I find that where the committees leave maintenance to the strata manager, the strata manager tends to overservice the property.

                                    Try and get on the committee and then PARTICIPATE. That means being pro active in looking at everything the OC is paying for, and finding ways to get it at less cost.

                                    And if you don’t get on the committee, remember that you will get a notice of every committee meeting held. Committee meetings are the only way that decisions are formally reached between general meetings. You are perfectly entitled to attend these meetings. You may be able to speak at them though you can’t vote . That will give you a ring side seat of how decisions are made.

                                     

                                     

                                  Viewing 15 replies - 16 through 30 (of 31 total)
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