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  • #61042
    justasking
    Flatchatter

      What happens when a decision which takes place after the circulation of the AGM minutes (a) contradicts what was resolved in the minutes, and (b) potentially impacts all lot owners significantly? Should the OC Manager have informed all lot owners of the significant change?

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    • #61053
      Jimmy-T
      Keymaster

        We’ll need more on the nature of the change and the the impacts it created before anyone cam make a considered response.

        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.
        #61062
        justasking
        Flatchatter
        Chat-starter

          Insurance excess that lot owners are liable for in the event of a claim is increased by 2.5 times to $2500. This is after it was circulated in AGM minutes that it would be $1000. By the way, I’m located in VIC. Thanks.

          #61065
          scotlandx
          Strataguru

            So could you explain how that contradicted a decision that was made by the owners?

            As a general observation, insurance excesses are skyrocketing. We had a claim a year ago where the excess was $5K. We had another claim at the end of last year and the excess is $10k.

            #61068
            Jimmy-T
            Keymaster

              If one of the impacts was a lower premium would you still be annoyed.  or is it the principle of the strata manager choosing a different policy form what was agreed on?  And what would their commission on the two amounts be?

              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.
              #61066
              justasking
              Flatchatter
              Chat-starter

                I suppose how much your excess is would be a function of (1) what insurance policy your OC Committee approved, (2) what you had actually claimed. That would probably be acceptable if you knew upfront what you (personally as a lot owner) would be up for if you had to make such a claim.

                It is quite different from my question about whether when given an impression via AGM minutes that the excess would be $1,000 and it being subsequently increased to $2,500, requires that all lot owners be informed of the change.

                #61067
                kaindub
                Flatchatter

                  As scotlandx said, insurance is in a state of flux at the moment.

                  The decision at the AGM may have been to have an excess of $1000, but your broker probably was unable to get insurance at a reasonable price with thst excess, if at all.

                  My understanding of the current situation for strata insurance is that it’s take it or leave it, by the insurers.

                   

                  #61072
                  justasking
                  Flatchatter
                  Chat-starter

                    Fair enough if the option that was originally resolved costs too much or is not available.

                    Should owners be informed about the terms of the renewed policy or do they have to wait for the next AGM to find out?

                    #61078
                    kaindub
                    Flatchatter

                      The current policy details are included with the AGM notice

                      Whilst the strata manager often gets quotes for the insurance, it’s up to the committee to decide which one to take.

                      Unless the owners have limited the decision making power of the committee, the committee does not need to refer back to the owners.

                      The current policy should be on your strata portal (assuming you have a strata manager and they have set up a portal)

                      #61089
                      Sir Humphrey
                      Strataguru

                        My understanding of the current situation for strata insurance is that it’s take it or leave it, by the insurers.

                        Our committee just had our insurance broker seek quotes and all insurers declined except the insurer we were already with. The premium is a 25% increase on the previous year, which in turn was a substantial increase on the year before. For much of the last decade, the premiums were about half what they are now and the increase would have been even more if we had not accepted an increase in the excess from a few hundreds of dollars per claim to $2500 for most things and $5000 for some particular events.

                        Influencing this was some large claims over the past couple of years but the broker said these large increases are not just reflecting our situation or even strata insurance in general or Australian insurance in general but is part of an international trend. Frankly, I think we are starting to see climate change risks reflected in our premiums.

                        #61096
                        justasking
                        Flatchatter
                        Chat-starter

                          I realise I wasn’t using the quote function correctly previously. Here it is again, take 2!

                          The current policy details are included with the AGM notice

                          Actually, they are not.

                          Whilst the strata manager often gets quotes for the insurance, it’s up to the committee to decide which one to take.

                          Absolutely! I agree with that.

                          Unless the owners have limited the decision making power of the committee, the committee does not need to refer back to the owners.

                          Not a matter of referring back for approval but to notify owners of what the renewed policy is, especially when it is materially different to what was resolved would be renewed at the AGM.

                          The current policy should be on your strata portal (assuming you have a strata manager and they have set up a portal)

                          Nope, it’s not on the portal.

                          #61100
                          kaindub
                          Flatchatter

                            Justasking

                            as you answered in the negative to my comments, I’d be looking for a new strata manager.

                            #61101
                            kaindub
                            Flatchatter

                              Justasking

                              as you answered in the negative to my comments, I’d be looking for a new strata manager.

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