Forum Replies Created
There are many creative ways thst are within the law to handle this situation.
Levies do not have to be in equal instalments and the instalments do not even have to be agreed at the AGM. The act just states that only the amount of levies needs to be agreed.
But for some strata managers this lumpy collection of levies is an extra item to monitor ( their software usually likes to make 4 equal payments).
Secondly, it’s not a bad idea to be compliant with the act. All a strata needs is a disgruntled owner to request a compulsory strata manager and use all the non compliance, no matter how minor, to build their case.
The appointment of a compulsory manager is based on the facts presented, not why something was done ( for convenience).
I do agree with JT that it’s not likely to happen, but then courts are full of cases where people were doing the expedient thing and got caught out.
The records of the OC need to be held for seven years. The act does not specify the form that they need to be held.
Its likely your new strata manager will charge to load all the records you want. Secondly don’t expect the portal of the new strata manager to be the same as the previous one.
I would suggest that you get all the records from the old strata manager on a usb stick. You can then store the usb and a secure copy, for searching in the future.
Take this to NCAT.
The principle you take them on is that they did not apply the by laws equally.
There was a case settled late last year ( and I can’t recall the particulars) but an elderly couple won their case because the owners corporation was applying a bylaw to them but not to other owners.
Generally courts apply the principle that if you turn up, you have to have “clean hands”
The OC will be forced either to make the other owners remove their condensers from in front, or approve your installation.
I’d suggest using a strata lawyer in this case as it’s a sort of roundabout argument and you need to get your complaint worded correctly so that the correct orders can be made.
It’s a bit of a long shot, but most strata schemes have a bylaw relating to not installing anything visible from outside the lot.
I’d give this bylaw a go and issue a notice to comply.
I’m sure this is not uncommon.
To start sorting it out , I’d ask whether other lots have electric openers . If not, then it’s likely the opener was installed by an owner ( electric openers were uncommon in the 60s).
It’s unlikely thst it’s original as electric openers were uncommon in the 60s, so it was added by an owner.
I don’t think it’s altogether clear,and could be argued a few ways. It’s just how much argument it’s worth.
It may not be the fault of the OC. I am an owner in a mixed industrial units and storage units building. The last two years we have had only one insurer prepared to take our business, and that’s likely only because they have been the only insurer since inception. The broker says that because of the types of lots, particularly storage lots, insurers consider this to be a high risk building and hence decline to insure us.
Our broker has said that in the future if all insurers decline, we will need to look for an insurer outside of the approved strata list.18/07/2022 at 12:31 pm in reply to: DA demanded for replacing eroded soil on common property #64171
It’s not uncommon that repair works, whether strata or private dwellings are subject to a DA
If the council says the fill needs a DA, then it needs a DA.
If gou go ahead without one, the council can fine you
Of course you can go to the LEC and fight it, but that may not get the result you want and cost you.18/07/2022 at 10:33 am in reply to: Is merging two lots into one a good idea or a waste of time and money? #64170
See astrata lawyer. Consolidation is not a complicated process in your case.
But it won’t be cheap for You. You will pay surveyor fees, valuation fees, legal fees , filing fees and possibly meeting fees. And then you need the other owners to agree.15/07/2022 at 1:49 pm in reply to: Restrictions on Paper Meetings of Strata Committees #64154
The act does not specify the circumstances under which a paper meeting is held. So theoretically every committee meeting could be a paper one.
This week’s podcast by Amanda Farmer talks about strata managers sometimes interpreting the act incorrectly. She goes on to say that the strata manager advises but it’s the OC/ committee who make the decisions. Which applies to how meetings are conducted.
And the way your committee conducts itself is OK by me13/07/2022 at 12:04 am in reply to: Who’s responsible for a rooftop terrace’s waterproofing? #64063
It’s unclear what your question is.
If the owner is amenable to paying 50% of the repair, then that’s a win for the OC.
If the owner is not amenable and the owners vote for this 50/50 split, then I’d say the owner will take the matter to NCAT and probably win if as you suggest thst it’s OC responsibility.
Of course there may be an exclusive use by law encompassing not only the usage but the maintenance and repair of that common property. In which case a strata lawyer will need to be consulted for an opinion as to who’s responsible.
It never ceases to amaze me that people have issues in strata and fail to exercise their rights.
I know its unpalateable to report an neighbours behaviour, or even to contemplate taking then to court. Both can be stressful and in the event of legal action can be drawn out and expensive.
But how much is peace of mind worth.
My story is of a resident in our small block who terrorised evreybody. he believed the strata was his kingdom.
In the last 3 years he has been counselled by the chairman and the strata manager, with no success.
A resident obtained an AVO (which was fully granted)
He had two notices to comply for behaviour issued in the last 3 years, and police were called on him several times.
Another resident asked for an AVO just a month ago.
He eventually was not on speaking terms with any other resident. It took 5 years but we finally wore him down and he sold and moved . Yeah.
He still thinks he is right
It took a lot of emotional effort, and expenditure on the part of the residents who took out AVOs. But that’s what it may take sometimes.30/06/2022 at 9:54 pm in reply to: Is paper EGM appropriate to approve levies debt payment plan? #63900
The act allows for electronic or paper voting at a general meeting.
However given that the payment plan motion was previously defeated, what has changed that would change the vote? An in person meeting allows the committee to present a case to support the motion.
I may be wrong, but when you “buy” off the plan, what you have done is enter into a contract to purchase a particular lot in the future. In real estate a purchase can only occur when their is a titled property.
So your purchase does not take place until the strata subdivision is registered, and their are title documents for each lot.
Whilst under LPS it’s all electronic, I imagine that checking that all the documents are in order may take some time, assuming everything has been submitted.
Remember that under the system we have, the title of your property is guaranteed. If LPS gets it wrong they’re liable to pay compensation, which of course they want to avoid.
Boy this thread deviated.
What are you fighting about? Surely it’s the breaches of the act that are the central issue you want remedied.
The issue of costs is just the icing on the cake and not really what you’re fighting for.
Fighting this side issue is just going to make the OC more mad, and inclined to oppose you more,which ends up in a bigger and more expensive fight.
The fact that the OC has obtained legal representation puts you at a huge disadvantage. I’m going to predict that you are going to lose( unless you lawyer up as well) and the OC is going to go for costs against you.
There may be facts thst you have not disclosed, but it would be extraordinary for NCAT to force a landowner to do anything against their will.