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The Committee does not have to accept someone standing in for a member. So, the Committee can simply not accept the (proxy?). But any owner can attend a committee meeting to observe the meeting. They have no voice or vote.
Section 181 of SSMA 2015 has that: If the strata committee of an owners corporation gives a notice to a person who has possession or control of property (including records) of the owners corporation requiring the person to deliver the property to the strata committee, the person must, not later than 14 days after the notice is given, deliver that property to a member of the strata committee specified in the notice.
Also, the Roll includes, names, addresses and email addresses (even if they don’t use the email for corresponds with strata).
Jimmy you may raise this point with David Bannerman when you do the lawyer in a hotseat this month. As the issue of Strata Roll disclosure was confirmed to Stephen Brell in a SCA Webinar last year, by David.
I have seen the same issue before. According to a leading lawyer he can be on the committee as the act was meant for external building managers. The issue is if he is not a registered company, he would be considered as an employee of the strata plan. In the sense of superannuation and PAYG is concerned and is a PCBU and additionally needs to comply with the WH&S and that to terminate the relationship it is subject to the same employment law relationship you would need to deal with in your business.
Having been on both sides of the same coin, in looking at a budget as an owner and preparing them as a strata manager I can say, Tell the Strata Manager to take her bat and ball and go.
As an Owner its my responsibility to ensure that the budget is appropriate for the short and long term needs of the property. As a strata manager its my duty to prepare such a budget. But its not my budget! Its the Owners. If they decide on a different budget that’s their responsibility.
I only insist on two things that the levies be enough to pay for building insurance and to pay the strata manager (I don’t work for free). If the owner decided that they don’t need funds for a cleaner, services, maintenance or upkeep in the future. Then they are fools, but nothing in the legislation says fools can’t own a strata lot.
Hi Longlines, The Strata Schemes Management Act 2015 sect 100. makes it clear that the owners corporation must maintain common property and if they don’t and damage is caused to a lots property then the owner can seek damages. But you have only two years to do that. Basically they failed to maintain common property (it leaked, so that shows it was not maintained) so they are responsible for the damage caused. so if you are within 2 years get them to cover the costs or go to NCAT for a ruling.
Hi Smokeye
They can resign as chair and stay on the committee. The positions of Chair, Secretary and Treasurer are positions within the committee. The committee decide who fills those positions. You could have someone fill one or all the positions if the committee approves to do so. There is no need for a General meeting, at the next committee meeting just let the committee decide on the positions.
I wouldn’t go down the bullying path as it probably comes down to he said she said.
Get her off the committee. At the next AGM do the numbers on who wants to be on the committee (not including her) and set the number of committee positions to that number and make sure you all vote for each other and not her.
Remember before you elect a committee you set the number of committee positions. You can have between 1 and 9 committee members
Hi Gazelle sounds like the meeting was fun.
- The manager is probably being practical (depending on the history of the building). All they had to do was ask does anyone want to nominate the co-owner. Lots of Stratas’ do that. Unless there is an issue with the person going on the committee, these one’s are usually let through so meeting don’t take hours.
- While the committee can do it. it could be an issue with owners. Remember all committee meeting agendas and minutes go out to owners and 25% of owners can block the committee from resolving any issue.
- This one is a problem. you need contracts and the Design Building and Practitioners Act is also involved for works over $5000.00, so the manager is wrong and really needs to be carefull.
Hi Ziggy
They have to fix it.
Strata Schemes Management Act 2015
106 Duty of owners corporation to maintain and repair property
(1) An owners corporation for a strata scheme must properly maintain and keep in a state of good and serviceable repair the common property and any personal property vested in the owners corporation.
The only way they don;’t is if they resolve to by special resolution and it can’t effect the safety of the property. A leak would effect the common property.
Hi there are a few points you seem to be chasing at the same time.
wanting to know how much the Strata Manager charged. Well, i word ask how long after the hearing did you ask. The manager did get back to you, once the amount was known and charged.
As to levy balance yes as an owner you have the right to ask and be provided with the information. The manager also has the rights to say, come to our office and collect a copy of the levy balances. The act (SSMA 2015) says it has to be provided but it does not say they have to send it to you. So tell them you will drop into the office to collect a copy.
For the manager being there, I am a little confused as you start with an NCAT hearing Vs the OC but then say it was against the committee only?
But anyway it was meant to be; you are taking action against another party. They don’t have to tell you who they are going to bring to the hearing, that’s their choice. They could have gone at hired a lawyer if they wished to. You don’t get to tell someone your taking legal action against who they can obtain help from.
Also the standard management agreement give the strata managers powers to act on behalf of the OC, except for limitation outlined within the Act.
23/03/2022 at 12:17 pm in reply to: Compulsory admin – a last resort or the best way to beat a committee deadlock? #62087Hi Stratanaive, Well as the Old curse goes “May you live in interesting times” that’s very true of Strata. I will not go into all the legislation etc around repairs and rectifications, its been done hundreds of times on this site. So this is a basic response.
Go to NCAT with an application to appoint a Compulsory Manager. You can do it as you are an owner. Talk to the current managers they are following the committee/owners directions and they might think that the current direction is stupid; but they get no say/vote on that and could be willing to be compulsory managers.
The lift is vital if you have elderly resident, just think ambulance and Heart attack.
The owners corporation MUST do the lift and CAN’T issue a work order to proceed without funds being available (in the bank or a Loan has been setup). They can’t approve works on the proviso that levies coming in will cover it.
I have been a Compulsory Manager and it is a thankless job, as you have total say on works and Levies being raised, so Owners facing levy increases blame you. But it does mean the work gets done.
Go to NCAT with an application to appoint a Compulsory Manager.
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Hi MrMike, There was a case last year? regarding the same issue in a complex at Parramatta. The ruling came down that the Owner could not use the facilities as they were for residents to use. So you can stop him from using the pool.
Hi Jay the older buildings such as your usually had a shower tray (usually metal) installed under the shower tiles.
In saying that nothing lasts forever. It probably needs to have new waterproofing and tiling.
Get a plumber to test the waterproofing and drains in the shower. If the water proofing fails then its The owners corporation to fix it as the waterproofing of a shower cubicle is considered to be part of the floor. if its a pipe leak again if its in the slab that’s the owners corporation. The owners Corporation Must maintain and keep in good repair all common property.
It maybe that the tiles need re-grouting, in that case if I was you I would just do it, as its not a big job and would resolve your concerns.
But i think you should also consider the most common cause of blocked drains in bathrooms, Hair. Its is so surprising to many people but hair is a very common issue. I speak from someone who has been a strata manager for 20 years and as an owner of a unit.
Also laundries are not waterproofed as they are not meant to be inundated with water. Again I suggest you have the tiles checked and re-grouted.
Monique10 I think you have handled the situation as well as you can. Your neighbour has the issue not you.
The OC should not pay for a quote or works that, is at its core a private matter.
Jimmy I did want to see if the Wikipedia reference would get a response, may an argument has sunk on the reef called Wikipedia
Hi I see two issues here.
1.The responsibilities of the Committee.
2. The responsibilities of the fire safety inspectors.
The responsibilities of the SC are Legislated in NSW, but yes a question could and should be asked. Did they use a qualified inspector?
For the inspectors the question is what were they engaged to do. If it is the Annual Fire Safety Inspection that is required by the Local council. Then they are given a safety schedule by the Council and their job is to check the items listed and confirm if they are onsite and they comply with the fire code supplied by council for that item.
Their job is not to do an audit of the property to see if the property complies with the most resent fire codes. A goof company should have sent a separate lost of recommendations that would bring the property up to current standards. But it is not their job to make it comply.
There would not a strata building in NSW that was built before 2000 that would comply with 2021 fire codes unless they have carried out rectification, because the fire codes have changed since the date of construction.
But the good news, you have a report listing the issues. So you will now go and fix them all! The OC is aware of a safety issue then fix them, you don’t have a choice.
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