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Topic
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I placed a motion on the agenda of our OC Meeting
My motion referred to a past resolution that was resolved by the then EC Members which resulted in stating untrue comments that were not included in any of my past communication with the EC.
My motion put forward specifically requested that the SC rectify this erroneous and misleading motion and to resolve and issue a new one stating true facts
My motion was written in a manner with certain emphasis and highlights so as to put my point across in a strong objectionable manner.
However my motion was not printed on the agenda with these emphasis and highlights.
As such my motion was “manipulated”
Is “manipulating” the format of a motion an acceptable form of behaviour by SC Member/s?
Does the Strata manager have any responsibility to ensure and advice SC Members that motions should be published as per submission?
How can I get my motion published in the manner it was submitted?
Can I go to NCAT and complain about all of the above?
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Replies
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The new Act and the new Regs provide the new definitions of Minor Renovations:
STRATA SCHEMES MANAGEMENT ACT 2015
110 Minor renovations by owners
(1) The owner of a lot in a strata scheme may carry out work for the purposes of minor renovations to common property in connection with the owner’s lot with the approval of the owners corporation given by resolution at a general meeting. A special resolution authorising the work is not required.
(2) The approval may be subject to reasonable conditions imposed by the owners corporation and cannot be unreasonably withheld by the owners corporation.
(3)
“Minor renovations” include but are not limited to work for the purposes of the following:(a) renovating a kitchen,
(b) changing recessed light fittings,
(c) installing or replacing wood or other hard floors,
(d) installing or replacing wiring or cabling or power or access points,
(e) work involving reconfiguring walls,
(f) any other work prescribed by the regulations for the purposes of this subsection.
(4) Before obtaining the approval of the owners corporation, an owner of a lot must give written notice of proposed minor renovations to the owners corporation, including the following:
(a) details of the work, including copies of any plans,
(b) duration and times of the work,
(c) details of the persons carrying out the work, including qualifications to carry out the work,
(d) arrangements to manage any resulting rubbish or debris.
(5) An owner of a lot must ensure that:
(a) any damage caused to any part of the common property by the carrying out of minor renovations by or on behalf of the owner is repaired, and
(b) the minor renovations and any repairs are carried out in a competent and proper manner.
(6) The by-laws of a strata scheme may provide for the following:
(a) additional work that is to be a minor renovation for the purposes of this section,
(b) permitting the owners corporation to delegate its functions under this section to the strata committee.
(7) This section does not apply to the following work:
(a) work that consists of cosmetic work for the purposes of section 109,
(b) work involving structural changes,
(c) work that changes the external appearance of a lot, including the installation of an external access ramp,
(d) work involving waterproofing,
(e) work for which consent or another approval is required under any other Act,
(f) work that is authorised by a by-law made under this Part or a common property rights by-law,
(g) any other work prescribed by the regulations for the purposes of this subsection.
(8) Section 108 does not apply to minor renovations carried out in accordance with this section.
Note : Section 132 enables rectification orders to be made against owners of lots for damage caused by work done by owners.
And from the Strata Scheme Management Regulations 2016Section 28 Minor renovations by ownersWork for the following purposes is prescribed as minor renovations for the purposes of section 110 (3) of the Act:
(a) removing carpet or other soft floor coverings to expose underlying wooden or other hard floors,
(b) installing a rainwater tank,
(c) installing a clothesline,
(d) installing a reverse cycle split system air conditioner,
(e) installing double or triple glazed windows,
(f) installing a heat pump,
(g) installing ceiling insulation.
Note.The work prescribed by this clause is subject to the requirements set out in section 110 (7) of the Act, including requirements that it does not involve structural changes, changes to the external appearance of a lot or waterproofing.
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