Flat Chat Strata Forum Strata Committees Current Page

  • Creator
    Topic
  • #60149
    Lady Jane
    Flatchatter

    I am a long-term owner in a strata complex in the ACT. We have 105 units and a large area of of common land. It is pretty clear to me that a small and voluntary executive committee and a largely incompetent managing agent are not capable of managing and maintaining a complex like ours. It appears to me that legislative reform is needed. What can we do?

    • This topic was modified 2 weeks ago by .
Viewing 5 replies - 1 through 5 (of 5 total)
  • Author
    Replies
  • #60153
    strataact
    Flatchatter

    I think  some more information on the actual issues or problems would be good.  I am also in ACT, and the Unit Titles Act is I think pretty clear. What management and maintenance issues are you having?  And what legislative reform would you like to see.

    Under the Act you are required to have Maintenance plan, reviewed periodically and approved at the AGM.

    If you are not happy with the committee, nominate for election at the next AGM, following Jimmy’s often recommended approach of having your supporters and voters organised before the AGM.

    As has often been said on this forum, the Manager follows the commitees direction, not the other way around.  Perhaps with a new committee providing direction they would appear more competent.

     

    #60155
    Jimmy-T
    Keymaster

    The Owners Corporation Network  (ACT) has been around for about 13 years. Have a look at ocnact.org.au and see what advice they can offer and what support you can lend them in their efforts to get ACT strata laws updated.

     

    #60338
    Lady Jane
    Flatchatter
    Chat-starter

    Thank you. I have been a member of OCNACT for several years. Unfortunately they have not been much help to me, although some of the information on their website is useful.

    The issues I have experienced with successive Executive Committees during my time as an owner (several decades) are many. They include failure to maintain and repair the common property, not enforcing our OC rules (particularly as they apply to removing unapproved structures), and a refusal to re-calculate the schedule of unit entitlements despite being presented with evidence that many units here have had major extensions that substantially increase their internal living areas and that are, in aggregate, likely to significantly affect relative market values of units. (This is a Class B complex as defined in the ACT legislation.) In fact of course, current or previous ECs have had to grant approval for these major changes to be made, so they are responsible in some sense for any consequences, including consequences for the current schedule of unit entitlements. The schedule has not been revised since our complex was first built.

    The process for getting motions passed at AGMs is very slow and cumbersome and, unless the Executive Committee is prepared to endorse proposed motions, they are unlikely to receive the necessary support, particularly if a special resolution is needed. This tends to lead to stalemate and a lot of wasted time and effort. It’s very frustrating. I can’t help but feel the whole ACT unit title system needs an overhaul.

    BTW, I have previously been a member of our Executive Committee, but I am not doing that again.

    #60357
    strataact
    Flatchatter
    They include … a refusal to re-calculate the schedule of unit entitlements despite being presented with evidence that many units here have had major extensions that substantially increase their internal living areas and that are, in aggregate, likely to significantly affect relative market values of units.

    I am also living in a Class B complex in the ACT.  I fail to see how an owner making internal improvements to their lot would lead to a need to recalculate unit entitlements (UEs).  In our 19 unit 40+ year old complex, many unit owners have modified the units (all with approval) by adding Solar Panels, AC units, gas connections, kitchen and bathroom renos.  Some have even added en-suites, or additional rooms, and outside decks .   None of these have changed the units footprint, so I cannot see how that would need a change to unit entitlements.

    If units had obtained exclusive use of areas of  common property, then there may be a case for changing UEs.  But I think there are better ways to account for that via  payment (annual or one off)  from the lot owner to the corporation for the exclusive use.

    • This reply was modified 3 hours, 4 minutes ago by .
    #60361
    Jimmy-T
    Keymaster

    If units had obtained exclusive use of areas of common property, then there may be a case for changing UEs.

    Lady Jane did say the units had been extended.  Is it reasonable to assume that was into common property?

     

Viewing 5 replies - 1 through 5 (of 5 total)
  • You must be logged in to reply to this topic.

Flat Chat Strata Forum Strata Committees Current Page