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  • #10246
    Enough of Strata
    Flatchatter

      I have just received the Agenda for the 2015 AGM and am country based owner of a Sydney Unit.

      Our Unit block was built about 1973 (30 units) and to my knowledge has had no Development Consent requested to Council after 1/7/1988 and No Fires that would require Fire & Rescue to request an Annual Fire Compliance Certificate.

      I was horrified to find a on the Agenda the following Motion:  “That the owners corporation resolve actions to be taken with respect to Annual Fire compliance Certificate”.

      No resolutions appear on the agenda’s for the prior years AGM’s in 2014, 2013,2012 & 2011 relating to this matter.

      Reading the FLATCHAT post “Building Maintenance – Fire Safety Audit” (by RL April 2015) it is evident that our Owners Corporation is not required to obtain a Fire Compliance Certificate.

      I E-mailed the Strata Manager and current EC members pointing out that in my view that this was not required as to my knowledge as our Strata had not since 1973 had applied to Council for Development consent, and thus did not require an Annual Fire Compliance Certificate.  I suggested this be checked with the local Holroyd council. So far no response and I do not expect one.  Lot owners are often ignored by the EC members.

      To complicate the issue one of several agenda items of the Executive Committee scheduled immediately following the completion of the AGM has a motion with 3 parts was:

      1. The outcome of the Fire Safety Compliance inspection to be discussed with the Owners Corporation advising the steps that are to be taken immediately to obtain the certificate required and the steps that can be done on a gradual basis.

      2. Advise the owners Corporation in writing, of their responsibility to ensure tenants, by law, give access to their unit so that fire safety inspections can be carried out. Otherwise additional fees for call backs will be sent to the owner of offending unit.

      3. Advise the Owners Corporation that they are required to sign a letter of acknowledgement of understanding, that it is the individual owners responsibility to install and maintain adequate smoke alarms within their unit to maintain annual compliance.

      This to me indicates they (the EC) have decided that this Fire Safety Compliance Inspection is necessary and will be conducted, likely having had dealings with someone about it.  It is also indicative that there is likely to be work to be done by the Lot owner at their expense.

      As we know while Lot owners can attend EC Meetings they cannot speak unless its agreed and if agreed the opinion does not need to be taken into account.   

      This and other Motions listed to me are indicative that the EC / Strata Mgr should have had them listed for discussion at the AGM but have has chosen to deal with them themselves effectively excluding the Lot Owners at the AGM.  Not a good look.

      The current EC is likely to be re-elected and I as a country based owner will find it hard to be involved due distance.

      Any input as to how this may be handled would be appreciated. 

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