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  • #74261
    Harry
    Flatchatter

      During an unrelated roofing issue I was advised that the 50 year old terracotta tiles on  my Sydney villa are fretting and the whole roof needs to be replaced. The builder said he has reported this issue to the strata manager for other villas in our complex.  The strata manager has told me they would put a motion on the AGM advising everyone of the roofing issue with a copy of the builder’s report for my villa.

      I feel to progress the matter it makes more sense for the strata manager to get quotes to replace all the roofs that need replacing and present these at the AGM with a proposal for how it will be funded.

      Our strata currently hasn’t got enough money to replace half a roof and hasn’t increased the levies in years.

      Any thoughts would be greatly appreciated.

       

       

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    • #74278
      UberOwner
      Flatchatter

        You can possibly help matters along by asking your strata manager to arrange a few quotes because replacing one or more roofs will be a large project.

        The quotes will provide the necessary data to confirm that insufficient funds are available, and at the very least your strata committee will know what the owners’ corporation is up for and can discuss whether they want to raise a special levy or save up for this work through increased levies over time.  Depending on how well everyone knows and trusts each other, you may be able to have a conversation about whether it’s better to save up over time (recognising that if a roof starts leaking, it will have to be addressed with whatever funds have been saved and also the cost of doing the work will increase while you save), or hit everyone with a special levy.  If some can’t pay, you can discuss payment plans for those individuals.

        It sounds like there is no capital works plan in place, because if there was then this and other items would be on the plan and  your levies would be set in accordance with the planned schedule of works.  What on earth is your strata manager doing if he/she hasn’t been advising you to prepare a plan?  Clause 80 of the Strata Schemes Management Act says that it’s a requirement to have a 10 year plan that is reviewed every 5 years as a minimum.  It doesn’t have to be a formal, professional plan.  My unit block has a spreadsheet with a list of jobs, the year we expect to do the work and estimates prepared by Committee members.  But in your case, if the building hasn’t been properly maintained (which it sounds like it might not have been) then you might want to invest in a builder going through the place and identifying issues that might need to be dealt with in the next 10 year timeframe.  You can then put a price on each of these and increase levies to start saving.  You could ask the strata manager to put a motion on the AGM agenda that the OC develops a capital works plan.

        Another option is for individual owners to take over the job of replacing their own roofs, but I don’t recommend this because once an owner does this, he/she is responsible for ongoing maintenance of that roof.

        #74277
        kaindub
        Flatchatter

          Firstly, is the builder an expert in roofs or is he just giving an opinion.

          Speak to the strata manager to get the committee to engage a footing expert for a report. If that fails you may need to engage your own expert.

          With the experts report, raise it with the committee that based on the experts report the roof needs to be replaced.

          Give them two months do do something.

          If after two months nothing is happening then got to NCAT under section 232(2) and seek orders for the roof to be replaced. Section 232)2) is the clause that the OC has failed to carry out their duty.

          The other order you want is that a special levy is raised to fund the roof repair

           

          #74272
          Quirky
          Flatchatter

            Owners can submit a motion for the agenda of a general meeting, so you should do so (and find out when the Annual General Meeting is due). You request to add that motion must be made before the Agenda is prepared and sent out (which is commonly 3 weeks before the AGM date).
            The agenda motion you should word to require yes/no responses:- as a guide, something along the lines,
            “That the owners corporation resolves to:
            (a) have the strata manager engage the builder [NAME] carry out an inspection of the roof of all villas, and provide a report of their current condition, within 1 month of this meeting, and provide the report to all owners,
            (b) if the report determines that any roof needs repairs, then have the strata manager arrange at least 2 quotes from qualified roof repairers, specifying the work required for any repairs, and the a quote of costs, according to each villa, and in total, within 3 months of the report being received,
            (c) call a general meeting within 1 month of the 2nd of these quotes being received, with agenda motions to (i) authorise repairs, (ii) select and authorise a repairer to carry them out, and (iii) determine if our current levy receipts will fund these repairs, or authorise a special levy to be used to fund the repairs, and if so, to (iv) authorise the owners corporation to raise that special levy for an appropriate amount.”

            It sounds like the strata manager is procrastinating, for whatever reason. You should therefore propose a motion with time limits specified, so he has to proceed relatively quickly. You need yes/no votes on all parts, so you need to get the other owners on side ahead of time. Note that raising a special levy is an ordinary resolution, so requires a 51% vote in favour to pass (and the vote is counted by unit entitlement, not by lots, although a lot vote might have the same result), of owners present. At the meeting, the owners can amend motions, so you can adjust the fine points, but the amendments can’t be too substantial, so make sure all the important issues are covered…

            And if the motion is voted down by the other owners, then you may need to go to the Tribunal for an order. So get your fellow owners on side, and do some politicking, ahead of time, to get this done quickly and easily.

            #74298
            Flame Tree (Qld)
            Flatchatter

              That doesn’t seem right that the Strata Manager could or would make submit a motion out of a general update issue – unless he was going to do so with a quote(s) as an actionable outcome voted yes or no by owners at the AGM? Seems a little strange. Also, as noted, is the chap saying the roof is no good the real deal or just another bloke with an opinion? Some just want to sell you a new roof.

              As to if your block has enough funds, or not. That doesn’t fly. If there are group costs they need be costed and funded by owners otherwise the place will go to rack and ruin and just not how multi-owner places are required to pay for things and keep everyone’s property in good repair. The real costs need be made known and sadly, if some folks can’t cough up: your site is too dear for them and they are essentially needed to find the loot or sell up and move somewhere cheaper.

              #74305
              Jimmy-T
              Keymaster

                That doesn’t seem right that the Strata Manager could or would make submit a motion out of a general update issue

                To be fair, we haven’t seen the motion and it could be the OC being instructed to examine the issue and report back.

                As to if your block has enough funds, or not. That doesn’t fly.

                Not sure what you mean by “doesn’t fly”. Obviously lack of funds is an impediment. But you’re right, at some point someone is going to have to come up with an assessment of how much work is required and how much it would cost.

                If it was my scheme, I would be asking how long the tiles are going to last, which roof is in the worst shape and work out a progressive replace and repair program based on the answers to those questions.

                I would also float the idea of exploring the use of a cheaper but visually acceptable and equally resilient alternative, which would probably require a change in the by-laws..

                 

                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.
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