- This topic has 10 replies, 6 voices, and was last updated 4 years, 4 months ago by .
-
Topic
-
Hi,
We are new to Strata living..and have recently submitted a renovation request on a ground floor 3 bed unit in Sydney, in a block of 6. We recently purchased it, in an older building, knowing others have been renovated or refurbished in the past.
After submitting our paperwork, plans, architect & engineer reports etc and paying for a lawyer to draw up a by-law, we have had only one querie/response from owners corp. and no other responses. The strata manager has put out two reminder requests to respond, to no avail..so far.
Ive been told by the Strata Manager & NSW Fair Trading that if we dont receive at lease one more response, we have no legal right to do anything further until the next AGM, which is in a years time. Is this true? This will financially ruin our family.
We are renting elsewhere, plus paying the mortgage on this unit..which is in original condition and in dire need of updating.
Any advice or similar stories? We are starting to regret that we ever bought into Strata..
-
Replies
-
I’ve been told by the Strata Manager & NSW Fair Trading that … we have no legal right to do anything further until the next AGM, which is in a years time. Is this true?
It may be true – and I’m not sure it is – but in view of the lack of responses, the key phrase here is “no legal right”. Is anyone likely to do anything if you just go ahead?
I’d be sending a letter from your lawyer to the strata manager saying that in view of the lack of objections, work will be commencing on minor renovations (which don’t require by-laws) on such and such a date. Then, once the tradies are on site, let rip and do the whole job.
You are trying to do the right thing, your neighbours are stalling (or just can’t be bothered to do anything) and you are suffering as a consequence.
You could pursue this through Fair Trading and NCAT but that could be a huge waste of time and money. And what are your neighbours going to do to stop you if they can’t organise themselves to discuss your proposals?
If you do go for it, you won’t be the first strata owners to perform major works and then let the owners corporation deal with the consequences.
That said, be very careful that your works won’t damage common property, the rest of the building or fall foul of local planning regulations … that could be a world of pain.
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.
In this case I think there is another way of dealing with it.
“Legal right” is a blanket phrase that blurs the real issue here. The issue is that you want to do works to the unit, and you are trying to do the right thing, but the OC isn’t coming to the party. I am not sure what they mean by needing another response for you to go ahead – a by-law needs to be approved by the owners at a general meeting.
Tell the strata manager you request that an EGM be held to consider the proposal and the by-law, and you will pay for it. If they refuse, then I suggest you proceed as outlined by Jimmy.
You may want to read the case below esp [5] and [8] before you nike it.
https://www.caselaw.nsw.gov.au/decision/5c9c232ee4b02a5a800bfa21
You may want to read the case below esp [5] and [8] before you nuke (?) it. https://www.caselaw.nsw.gov.au/decision/5c9c232ee4b02a5a800bfa21
Good point, but this case is about someone changing common property without permission. Which is why I was careful to say “be very careful that your works won’t damage common property …”
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.
Nike it! is urban slang for just do it.
Nike it! is urban slang for just do it.
Well, there you go. I learn something new every day on this Forum.
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.
The need for a further reply may be agreement to hold an EGM. If 25% entitlement of owners request a meeting, it is a ‘Qualified request’ and the meeting must be held within 14 days.
Maybe this is what the Strata manager means. Ask him/her to clarify what/why/how one more person changes the outcome.
If 25% entitlement of owners request a meeting, it is a ‘Qualified request’ and the meeting must be held within 14 days.
Good point … but they only need one other owner to get past the 25 per cent since Philippa has a vote too .
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.
Pedantic point – a general meeting must be called/convened no later than 14 days after receiving a qualified request. So the meeting doesn’t have to be held within 14 days, it has to be called within 14 days – this makes sense, because you have to meet the notice requirements.
I would have the meeting called as previously suggested. Show up for the meeting and if there is no quorum you can wait 30 mins and have the chairman note that the owners present make a quorum
SSMA 2015
Procedure if no quorum is present within the next half-hour after the relevant motion or business arises for consideration at the meeting, the chairperson must—
- adjourn the meeting for at least 7 days, or
- declare that the persons present either personally or by duly appointed proxy and who are entitled to vote on the motion or election constitute a quorum for considering that motion or business and any subsequent motion or business at the meeting.
- You must be logged in to reply to this topic.