Flat Chat Strata Forum Strata Committees Current Page

  • This topic has 9 replies, 4 voices, and was last updated 2 years ago by .
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  • #66010
    Sujenna
    Flatchatter

      I have been dissatisfied with our SM for years. I have posted issues with their unsatisfactory management on this forum previously. As I type this, our AGM is overdue for say approximately 3 years. I assume the SM will say the non-compliance with this requirement was due to the COVID pandemic. However, I believe they are intimidated that I will move a motion to change agencies and that the AGM will become a heated meeting with everyone present throwing barbs at everyone else. In any case I would be unsuccessful at changing management and only the current 3 owners turned up previously, with most units (10 in the block) being tenanted.

      My issue is this. I am looking to sell up and purchase elsewhere to get away from our current agency. After much looking, I have found a townhouse in another suburb which ticks my boxes, with another townhouse next door, which are the only two on the strata plan. By the long hand of coincidental disaster, the selling agent informed me that the SM there is also my present agency. The levies are high in this strata plan. No work is apparent or needed, and once again I wonder where the money is going and if I suspect correctly, this is also mismanaged or it’s sitting in a sinking fund. The townhouse next door only sold a few weeks ago, so there will be two new owners.

      What is involved in self managing a strata plan? if there are only two townhouses on the plan, obviously the agreement of the other party would be required to dismiss the current SM. What if I’m in favour of changing and they aren’t? But is that just opening a pandora’s box of more problems? I could get quotes from other agencies, but frankly wouldn’t know if they were better or worse. I have no one to obtain a referral or recommendation to another agency? At this stage I haven’t obtained any strata report or AGM minutes, due to the expense and notifying the SM that I am wanting to sell up and move elsewhere.

      How difficult is it to self-manage a small strata plan?

    Viewing 8 replies - 1 through 8 (of 8 total)
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    • #66013
      newb
      Flatchatter

        Hi Sujenna,

        I imagine with only 2 owners and 2 townhouses it would be fairly easy as long as the other person is cooperative. If they’re not, or refuse to pay levies it could become difficult. Or if you’re not good at budgeting and record keeping.

        How much shared property is there? Driveway/ plumbing/ roof/ walls/ electrical? You need to see the plan drawings.

        The main things will be –

        1. Hold a meeting with the other owner with a motion to move to self management. Minute this and both sign it.

        2. Inform the strata manager and give any required notice and/ or pay exit fee.

        3. Set up a business transaction account with both owners as co signatories to keep trust funds – you’ll probably both need to go into the bank with the original signed minutes and your ID.

        4. If insurance is due for renewal – Organise insurance – I recommend contacting Strata Fair brokers – they are very helpful and will save you money.

        5. Inform utility companies of change in where to send the bills

        6. Pick up your records/owners seal from the strata manager.

        7. You may want to store your records using dropbox, Strata box, or Our Body Corp. The last 2 have more options to help with managing your strata. It’s also good to set up an email specific to your strata plan. This way all your records are backed up on the cloud.

        8. Hold a meeting and elect a Chair, Secretary and Treasurer. Decide who will do what re record keeping, reporting, how much levies, issuing levy notices, organising contractors etc.

        9. If there’s a current gardener/ cleaner – contact them about continuing arrangements.

        10. Ongoing keeping accurate records in an organised and timely manner.

        11. Create quarterly and annual financial reports (at minimum bank statement, matching list of income and expenditure items, and matching receipts) and an Annual budget.

        12. Update details on strata hub, then Annual Reporting on strata hub.

        13. Annual tax return/ report – very basic

        14. Have at least one meeting a year and minute it.

        15. Get quotes and contractors when needed (make sure they are licensed and insured) and supervise works and pay them.

        16. Most important –  be able to work cooperatively with the other owner to maintain shared property.

        17. Familiarise your self with the strata schemes management act and regulations, and read up on the service nsw living in strata information pages

        It doesn’t matter if you don’t do everything perfectly – you’ll learn and get better as you go. The main thing is that you can get along and agree with your neighbour about how you will manage and pay for things, and keeping records of this.

        Definitely get a strata report – see how long the current contract is for and what the ending the contract terms are, as well as how much is in the sinking fund and what any issues have been.

        Check the lot entitlements, are they equal or one higher than the other? – with only 2 owners you can get a stalemate. The one with higher lot entitlements would win every poll vote if it came to that.

        I’d speak to the other owner and see what they are like and what they think. This is the main thing – how open they are to self managing, how much work/ time they’re willing/ able to put in, if they’ll pay levies and be responsible without needing a strata manager parent, if what you both want is compatible and can work – eg. Similar vision and priorities in how you want to manage your property.

        If you decide to get a new strata manager, take your time and research them – check their standard contract and how clear it is about what is included and what is extra. Insist that monthly bank statements are provided as a contract term. Have a look at some of the properties they manage.

        Some strata managers offer levels of service – eg collecting levies, paying bills, record keeping, budgeting, insurance arrangement included, and anything else like arranging contractors, answering queries is extra billed per item. You could choose something like this.

        I hope this helps. Good luck 🙂

         

        #66015
        Jimmy-T
        Keymaster

          Firstly, I don’t think strata managers should be driving people out of their homes.

          There are legal requirements for holding AGMs and your SM and secretary haven’t fulfilled them. Get in touch with Fair Trading, ask what you need to do.  If you haven’t had an AGM for three years then the SM’s contract must be due to run out.  This could be an opportunity to change everything for the better. Also, bear in mind that the secretary can call an AGM without the strata manager’s involvement, let alone their approval (although they probably have all the paperwork you need).

          On a different matter, going into a townhouse purchase with a plan to remove the existing strata manager sounds like a recipe for chaos and disaster.  The fact that you are already at odds with them will only exacerbate the issues.

          Two-unit strata schemes are notoriously prone to nasty neighbour battles. They usually only have a strata manager because either the owners need a referee, or because they don’t want the hassle of running their own show, or because they don’t understand their rights and obligations.  None of these scenarios is conducive to a newcomer being welcomed into the fold with a plan to change everything.

          Stick with your current strata scheme and deal with the strata manager.  Maybe if the contract is due for renewal you could talk to a potential replacement who will advise you on what you need to do next.

          Actually, your 10-unit block would be a prime candidate for self-management – a much better prospect than a duplex with a bad manager in situ.

          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.
          • This reply was modified 2 years ago by .
          #66018
          Cosmo
          Flatchatter

            Sujenna,  firstly the numbered list and outline by newb is excellent.   Self management is not hard I have been in a few strata that have done it. Never a 2 owner strata, the smallest I have been in is 5 unit.

            As Jimmy  says you need to  examine the contract to see when and how the current strata manager can be  exited.  If you are otherwise happy at your existing strata why not see if  it could be self managed?

            The rules and regulations around strata have become more complex and time consuming over the last 10 years.

            However the availability of most things via the internet is a boon for self managed strata. With email and electronic banking it is mostly very easy.  I find one thing that is great is having your strata bank accounts on line.  I set them up so that every owners can view the balance of accounts but it takes 2 owners to make a payment.

            I have found the main issue for self managing is assigning responsibilities. Usually when you ask for volunteers to step forward everyone takes a step back.  My way of encouraging self management is looking at the annual fees to the contracted strata manager and the service they provide.  I then worked out by self managing we could save ourselves over say $5,000 a year which can be used to reduce levys but also be better spent on repairs etc.

            From what I have seen and read contracted strata managers only do the administrative work which with a little input from 5 owners can be done without placing too much burden on anyone.  At each AGM we elect 5 executive members as below:

            1. Chair, this role includes resolving issues of compliance with the act and others like “who responsibility is it” (the department of Fair Trading in NSW has comprehensive guidelines on this)
            2. Secretary, preparing and distributing the Agenda and Minutes.
            3. Treasurer, requires some money awareness in preparing year end accounts (I do this easily using a spreadsheet.  Also whose role also is initiating payments to tradesmen, vendors etc
            4. On Site Manager for arranging repairs and looking at issues raised
            5. Levy issuer and Bank Inspector for issuing notices to owners that levys are due and checking that levys are paid (issuing a reminder to delinquent payers).

            The strata can try it for a period and always go back to a contracted manager

             

            #66017
            newb
            Flatchatter

              Yes, what Jimmy said.

              If you stay where you are, you can hold your own meeting without the SM.

              First, request an inspection of the records, and make copies – strata roll, minutes, annual reports, bank statements etc.

              Document clearly and precisely and logically (unemotionally) what the issues are. Not holding AGMs for 3 years is pretty bad! And a clear breach.

              Research and find other strata management options. List the costs/ benefits of each.

              Contact everyone on the strata roll. Say I think we should change SM, or self manage, for these reasons. Here are some possible options, what do you think? (Keep it as painless as possible. Offer an easy solution that will save them money).

              Then discuss with and listen to and negotiate with the people who engage. Together with them request an Extraordinary General Meeting from the secretary, with motions 1. to not renew current contract, (yes/ no) and 2. to choose a strata management option from the list (include an “abstain” option. Hold the EGM and vote. Do up the minutes. Send to everyone and give your SM notice.

              As Jimmy said, a good potential new strata manager will help you.

              If the secretary doesn’t call a meeting, you may be able to if you have other owners wanting the meeting:

              Strata Schemes Management Act 2015
              S36 Functions of Strata Committee
              (2) A decision of a strata committee is taken to be the decision of the owners corporation. However, in the event of a disagreement between the owners corporation and the strata committee, the decision of the owners corporation prevails.
              (3) The following decisions cannot be made by the strata committee–
              (a) a decision that is required by or under any Act to be made by the owners corporation by unanimous resolution or special resolution or in general meeting,
              (b) a decision on any matter or type of matter that the owners corporation has determined in general meeting is to be decided only by the owners corporation in general meeting.
              (4) An owners corporation may in general meeting continue to exercise all or any of the functions conferred on it by this Act or the by-laws even though a strata committee holds office.

              You only need a 50% majority of yes votes from financial attendees at the meeting, for the above motions to carry.

              • This reply was modified 2 years ago by .
              #66021
              Jimmy-T
              Keymaster

                From what I have seen and read contracted strata managers only do the administrative work which with a little input from 5 owners can be done without placing too much burden on anyone.

                Have a look at online services like our sponsors Stratabox.com.au.  It has all the functions you need to make self-management easy, effective and compliant with the law.

                Your owners will save  $2500 to $3000 a year just by not having a strata manager. Lord know how much they’ll save by not having poor decisions made on their behalf.

                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.
                #66025
                Sujenna
                Flatchatter
                Chat-starter

                  What part of the Strata Schemes Management Act 2015 stipulates that an AGM should be held………annually?? I’d like to parrot this if we have an AGM prior to Christmas 2022.

                   

                  #66024
                  Sujenna
                  Flatchatter
                  Chat-starter

                    Thanks all of you for your sage advice. The problems with my present strata are the personalities of the owners and the strata manager. The executive committee is self-nominated. i.e you just advise by email that you want to be on the committee and hey presto! You are! There is no chairman, secretary, treasurer. In fact, there are no committee meetings. Issues/advice just goes around by email and the strata manager just engages tradies as they feel like it to shift the problem off their desk. One issue that gets in my craw, that I have posted about is tenants complaining to their property manager about something minor, which involves ‘costly petty repairs’ (look that one up on the forum), without the committee even being aware of it. An example is an upstairs tenant who broke a very robust sliding balcony door handle, probably by placing something heavy on it, and the invoice to replace it came in at $880 + GST. The SM paid it out of our funds before anyone on the committee even knew about it. The SM attributes everything down to ’emergency repairs’. I cannot get anyone on my side and selling up to go elsewhere and hoping things are managed better. Agitating and lobbying for change would only antagonize an already apathetic owners committee.

                    #66028
                    Jimmy-T
                    Keymaster

                      What part of the Strata Schemes Management Act 2015 stipulates that an AGM should be held………annually?? I’d like to parrot this if we have an AGM prior to Christmas 2022.

                      An owners corporation must hold an annual general meeting once in each financial year of the corporation.

                      You might also be interested in section 41 (below) which says that the committee must appoint a chair, secretary and treasurer (although these offices may be fulfilled by the strata manager through delegation).

                      (1)  The members of a strata committee must, at the first meeting of the strata committee after they assume office as members, appoint a chairperson, secretary and treasurer of the strata committee in accordance with this Act.

                      (2)  The chairperson, secretary and treasurer of the strata committee are also, respectively, the chairperson, secretary and treasurer of the owners corporation.

                      (3)  A person may be appointed to one or more of the offices of chairperson, secretary and treasurer.

                      (4)  Nomination for election as an officer of the owners corporation may be made before or at the meeting at which the election is held.

                      (5)  The regulations may provide for the procedures for nomination of officers of the strata committee.

                       

                      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.
                      • This reply was modified 2 years ago by .
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