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Tom
from your last post I understand why your last strata manager resigned or quit
When the committee/owners flagrantly breach the law and the responsibilities to the OC it can sometimes become an untenable situation for the strata manager. they are caught between serving their master, the OC, and ensuirng the OC complies with the act.
Whilst Jimmy makes a good warning about compulsory strata managers, i think in your case a little pain may be required by you to get the OC back into line.
From what you describe it seems that there is ingrained bad habits within owners and the committee which are unlikely to change unless the big stick is wielded.
The pain may be for two years, but in that time, as Jimmy points out, things will be done by the book. Maybe in that time the incalcitrants will see that the jig is up and move on.
Now you have me confused.
If this is “strata” why are you paying the gas bill?
It looks like a villa? Does that heater only supply your lot?
Im going to stick my neck out and say by the location, and other factors, it’s actually your property.
If I am correct then you can relocate it, at your expense and with the approval of the OC.
Is it a gas heater?
There are rules about how close a gas heater can be to an opening window.
Ask a plumber and see if the heater is incorrectly situated.
That may be your best course of action.
As an alternative to a compulsory manager, find an agent YOU are happy with, get 25 % of other owners to back you up; ask the secretary to call a general meeting with the agenda item to appoint YOUR strata manager.
This sort of forces the OC into appointing a strata manager unless they want to be self managed.
The question is why did the OC find this out at such a late stage. The SSMA says the manager must give the OC three months notice prior to the expiry of the contract.
Or was the committee informed and did nothing?
Any person or company claiming to be a strata manager must hold a licence. If they don’t then they can’t charge for their services.
it seems, reading between the lines, that your strata has some issues. It’s unusual for a strata manager to not at least seek renewal of their contract. I suspect that your strata is more trouble than it’s worth to them.
Thats also why they gave you the lame excuse about not being qualified to be compulsorily appointed.
I have spoken to a few strata managers and they view their appointment as the kiss of death. Many owners are unhappy with their appointment and the appointment rarely turns into a long term contract.
Ascsuggested by Jimmy find an agent who is willing to take on the job and go to NCAT with your reasons why they need to be appointed. You don’t have to do this before the other contract expires as when it does expire you just become self managing. Let the committee then deal with that.
I am in NSW.
As Sir Humphrey said, the strata plan ( available from LPI) determines what is common property and what is lot property. Thick lines generally show common property boundaries and thin lines are just dividers.
Be aware that the date of when your strata was registered (pre 1974 and pre 1986) have an affect on interpretation of common property.
Also read the bylaws as there may be exclusive use bylaws affecting common property.
To amplify what Sir Humphrey said,, the committee under no circumstances determines what is common property and what is not. They can choose to,interpret the strata plan, but you can challenge their interpretation.
That may require a good strata lawyer to help you and a visit to the tribunal.
BTW the strata plan is attached to your contract of sale if you don’t want to pay at LPI
Jimmy
I made the wrong reference. Its the Strata Schemes Development act 2015 Part 1 Preliminary 3 definitions
And whilst the Common Property Memorandum is widely used as the bible, even if a strata adopts it the SSMA overrides it.
The definition of common property depends on when the strata was registered. The 2015 Act identifies 1986 as the relevant date in th It is case
This is somewhat similar situation to the definition of common property that is applied to pre 1974 strata ( that is there are specific differences between pre 1974 building common property and post 1974 common property)
And my source of reference is Amanda Farmer. She discussed it at length on two of her podcasts.
Jimmy is on he right track
Your bylaws will have some by law about changing the look, or damage to common poroperty or some such bylaw. Be creative with the interpretation.
Insist that the strata manager issue a breach notice to the chairman.
This saves having to go to the tribunal and the effec t is more immediate
Mind you the chairman may object to his own strata manager issuing such a notice is which case you may just have to head to the tribunal but this time under section 232 ( failure of the OC to act)
What year was the building registered as strata?
In the Strata Schemes Regulations Act ( yeh look it up) there is a definition of common property that says that a pipe or tap servicing a single lot is lot owner responsibility.
Probably doesn’t help this situation but may be helpful in getting the current owner to instal a valve.
Toledo3ft
if you are in NSW there is good news.
According to the Strata Scheme Regulations Act 2016 Part 4, 28(e) Double glazed windows are deemed to be a minor renovation and hence do not require approval by the OC.
There is a caveat and that is that if it affects the external appearance of the lot it does require OC approval.
1 No
2 Yes
3 You initially.
You are entitled to quite enjoyment of your lot. That you are not getting it is a serious matter. If you can’t get a resolution with the upstairs owner, then certainly take it to NCAT.
In order to prove your case you need expert witnesses. The carpet layer nor the SM are not experts in noise. You need to hire the expert, but the cost can be recovered when you win the case.
The legal argument revolves around the fact that you can’t get quite enjoyment, not what type of underlay is installed.
Additionally keep a diary noting when the noise occurs and take recordings of the noise.
Good luck
Remember that the Strata Manager is only an agent of the OC. Unless he knowingly does something wrong, he won’t be held liable.
Its the committee who are doing the wrong.
The SM should be advising the committee where he sees that they aren’t complying with the act.
Are these decisions made by the Executive Committee made at a properly constituted committee meeting and minuted? If not then this Ezecutive is breaching the law
What is your question?
If you are asking whether these portals allow viewing correspondence, in my experience of at least three different portals , the answer is no. Remember that correspondence these days can normal snail mail or email. It’s difficult, because of the number of different emails packages, to provide integration into the portals.
Depending on the portal, there may be various documents on the portal. Ie strata plan, drainage diagram, work orders, financials etc
The documents available on a portal depends on what portal your SM is using.
I’m sorry to hear your story
Im also sorry to say that it’s the lot owner responsibility.
The reason is that the fuse box located in your lot services just one lot – yours.
Huyton
just because you have a lot of owners in agreement with you, you don’t have a right to force the issue.
If as you say you have a majority of owners on board with you, write to the secretary requesting an EGM. You need to have at least 25% of owners to sign this letter/email in order to call an EGM. If you request a motion by yourself, it will be placed on the agenda of the next general meeting, which is likely to be the next AGM.
In your letter to the secretary, specify the exact wording of what you want eg trim x trees within 2 week so; have trees trimmed annually ; keep trees trimmed to x height/shape.
You will need to be specific as the committee may just follow the literal motion you put.
Remember that the committee represents the majority of owners. That’s how they got voted in. Make sure you do in fact have enough support from other owners, or you will just labelled a troublemaker, no matter that you may be right.