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  • #8548
    Paddy37
    Flatchatter

      In the widely used by-laws in Schedule 1 of the Strata Schemes Management Act, number 13 states:

      Moving furniture and other objects on or through common property. An owner or occupier of a lot must not transport any furniture or large object through or on common property within the building unless sufficient notice has first been given to the executive committee so as to enable the executive committee to arrange for its nominee to be present at the time when the owner or occupier does so.

      In practice how is this applied?  I cannot imagine a matured age nominee getting a positive response from a couple of burly removalists upon being told to be more considerate to the surroundings.

      If it can be demonstrated that the move caused some minor damage, like marking paintwork in a hallway, what rights would the OC have against the lot owner?

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    • #17149
      Whale
      Flatchatter

        The model By-Laws contained in Schedule 1 need to be formally adopted by Owners Corporations (O/C), and it follows that any of those By-Laws that an O/C doesn’t think it requires are not adopted, and that any additionally required are Specially Resolved at a General Meeting of the O/C and registered as ‘Special By-Laws’.

        So if like many others your O/C regards Model By-Law 13 as unadministrable then it either shouldn’t adopt it, or amend it to perhaps substitute the “Strata Manager” for the “Executive Committee” and then Register the amended version.

        Perhaps the fact that the Model By-Law 13 was omitted from the reworked list of By-Laws for residential plans in Sch 2 of the Strata Schemes Management Regulation (2010) provided a clue to to the difficulties with its administration.

        With regard to damage to Common Property caused during relocation activities, if nobody is supervising on the O/C’s behalf, how would it know who to hold to account?

        #17153
        Cosmo
        Flatchatter

          @Whale said:
          The model By-Laws contained in Schedule 1 need to be formally adopted by Owners Corporations (O/C),

           

          I was always under the belief that under S42 the by-laws in Schedule appied to certain Strata without being adopted. The wording of the Act says:

           

          STRATA SCHEMES MANAGEMENT ACT 1996 – SECT 42

          What by-laws apply to old strata schemes?

          42 What by-laws apply to old strata schemes?

           

          (1) This section applies to strata schemes in existence before the commencement of this section.

          #17155
          Whale
          Flatchatter

            YES you’re right, Schedule 1 does apply without any resolution by the O/C if the Plan was in existence prior to 16/12/1996; my mistake!

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