• Creator
    Topic
  • #67010
    Jimmy-T
    Keymaster

      A couple of issues popped on to the Flat Chat radar while we were off being festive. One was all about smoking on balconies which, if that wasn’t seri
      [See the full post at: Podcast: BBQs and secret committee meetings]

      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.
    Viewing 4 replies - 1 through 4 (of 4 total)
    • Author
      Replies
    • #67063
      Flame Tree (Qld)
      Flatchatter

        As a non-smoker I’d be happy to see the end of balcony smoking. Though I’m yet to suffer smoke drift I can appreciate how annoying and stressful it could be, as much for the scent as well as the on-going obstinance of a neighbor not interested in the stress they are causing.

        My interest is more toward the annoying at best, dangerous at worst, balcony barbecues. My downstairs neighbor had no issue with a night barbie burning snags as the smoke drafted upward, around, and on to my balcony floor. I’d just shifted laundry so was saved but could see the real potential for a fire if a fat flash was to follow the smoke up.  Though legal in the UK, the fire brigade there highly recommends not to barbecue on balconies for similar reasons.

        There for, to help encourage better communal living it would make sense for affected Strata Committee’s to consider and then propose on-lot smoking areas that would be convenient to use, as well as procurement and sensible placing of a decent barbecue for all to use.

         

        #67073
        Austman
        Flatchatter

          On the issue of “secret committee meetings”, I had a look at the situation around the nation, to see how widespread it is.  Here is what I found (I think I have it right, or close to it):

          Q: Does a strata committee/council need to give a committee/council meeting notice to all lot owners as per NSW?

          ACT: No.

          NT:  No.

          QLD:  Yes/No.  No if using the Small Schemes Module for 6 lots or less.

          SA:  No.

          VIC:  No.

          TAS:  No.

          WA:  No.

          It really does seem that NSW and QLD (for 7 lots or more) are the odd states out.   If this is strata “secrecy” then it’s a widespread national issue and it has been for a long time.  I can’t quite see the national crisis.

          IMO the intention of the legislature, as used by most of the nation, is to allow a committee to get on with its job without too much red tape formality.  Some of the various legislatures also read that way – at least to me.   There are several checks and balances that already limit a committee’s authority.  And an OC/BC can further limit them if it wants to.

          Requiring the formality as per NSW would mean, in one of my OCs in VIC, on a busy week, the issuing of 4 or 5 notices of committee meetings because, on a busy week a new issue comes up nearly each day.   How would the committee be able to deal with that requirement?  And how long would it take to get the committee decisions made?   Even the practicality of where to hold formal in-person committee meetings can be troublesome if an unknown number of owners is allowed to attend.  OCs don’t all have common areas big enough etc.  Zoom is around now but not everyone in an OC might use it.

          Maybe there needs to be a 2-tiered approach?   Minor decisions of the committee can be made without informing/inviting all owners but major decisions must have the formality.   So a committee could actually get on with doing its job reasonably efficiently for most matters.   But how to set the tier?   It can already be set if an OC/BC wished to set it – except that the decision would become a GM decision.

          I do agree that committee decisions should be transparent.   Some of the other states do require that committee decisions (minutes) are sent to all owners.    But up to 5 times a week?   I don’t know about that.

          I would say that if a lot owner wants to see the minutes of any committee decision, it should be made available to them ASAP without question and without having to make them go through the process of inspecting the OC’s records.   A minor change to various state legislatures should be able to do that.

           

           

           

           

          #67081
          Jimmy-T
          Keymaster
          Chat-starter

            If this is strata “secrecy” then it’s a widespread national issue and it has been for a long time.  I can’t quite see the national crisis.

            Your sarcasm is noted and, dare I say it, misplaced.  If you want to play a numbers game, there are considerably fewer (about 15 percent) strata schemes in Victoria and all the other states put together than there are in NSW and Queensland combined.

            And if you are saying the strata processes in Tasmania, WA and SA are superior to NSW and Queensland, you are clearly using a different set of metrics from mine

            But there’s a fundamental question that’s more important: is it better to keep owners in the dark about what their strata committees are discussing?

            That’s the old way.  The “up-to-date” way is to let owners know what’s going on at every step of the process and if they choose not to engage then they can’t complain if things go wrong.

            If a group of owners get together periodically, don’t tell the other owners what they’re discussing, don’t allow anyone to observe their meetings and selectively report (if at all) on the discussions they had, that is pretty much a definition of secrecy.

            And, with all due respect, your experience of the schemes where you have owned and served on committees is specific – it’s limited to the schemes you have owned in.  Have you ever owned in a building where the managers and committee members colluded to rip off the other owners?

            Have you ever owned in a building where the original committee hid defects from the other owners and potential purchasers so they could sell before the problems were found?

            No? Does that mean they don’t exist or or such behaviour never occurs.  Or is it only NSW that has these problems?

            The last time NSW strata owners were asked how many of their schemes had defects, the response was off the scale.

            But in Victoria? Nothing.  Nada.  No figures.  Does this mean there are no problems in Victorian strata schemes? Or does it just mean that most owners don’t know, those who do know don’t want to report it so they can sell out befoe the value of their property is harmed, and the media has no idea how serious it is, or don’t care.

            That’s exactly how things were in NSW 15 years ago and that’s why I say Victorian strata law is behind the times.

            It must be great for those blocks where there are few problems – but less fanatastic that we won’t know about the others where there are serious problems until it’s too late.

            Requiring the formality as per NSW would mean, in one of my OCs in VIC, on a busy week, the issuing of 4 or 5 notices of committee meetings because, on a busy week a new issue comes up nearly each day.   How would the committee be able to deal with that requirement?

            Yeah, great argument but it doesn’t wash. Most issues that need an instant response have been anticipated by delegation to the strata or building manager, who reports to the next committee meeting.

            My 20-year-old block of 130-plus units has a lot of “end-of-life” issues with infrastructure, as well as all the other stuff about short-term rentals and residents renovating etc etc. They get by with one committee meeting a month.  So where is this notion that they would need five meetings a week come from?

            It’s just not real.  No building in NSW that I know of works like that because they don’t need to.  That’s the reality.

            Again, may I say, this is not a “strata of origin” issue.  But that’s why Victoria is behind the times – because every time someone says you could be doing better there, we get the same false equivalence arguments about how Victorian strata is just hunky-dory compared to NSW.

            Maybe your own schemes are, Austman, but reports are rolling in that others are in trouble. And just wait until the dodgy developers driven out by the NSW building commissioner set up shop in Victoria.

            Of course, it will take years for the stories to get out because the luckless owners will be kept in the dark.  Good luck with that.

             

            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.
            #67082
            Jimmy-T
            Keymaster
            Chat-starter

              The following just landed in Linkedin from a Victorian owner Kerry Ould:

              Pretty sad that u have to do a quick trip to Bali to sell ur holiday house that u have had for 10 years because the piece of crap apartment u bought in Melb is going to send u bascially broke this year because all Govs have failed consumers.

              Big shout out to the VBA for not picking up on [builder/developer] years ago we did write to u to warn u along with others in their builds could u be anymore pathetic just a pack of bullies coming after us and we are in contact with all the other builds that are drowning in building orders this has now taken 4 years of my life . Change is needed

              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.
            Viewing 4 replies - 1 through 4 (of 4 total)
            • You must be logged in to reply to this topic.