Colosus01

@Whale said:

Might be enough on this topic now don’t you think?

I agree.

@Austman said:

Re issue (1),  I can’t see anywhere that the SM went ahead and approved the cost of the new antenna.  Perhaps Colosus01 can clarify this?

Hi Austman, Just to clarify that last part in your post you are referring to the new antenna from bunning’s that the resident put up?

Guys i have come back for further advice. So i hope for some more support.

As you have recommended the issue is know going to an OC vote despite in our EC meeting the secretary having the majority votes via proxy but the chairman deciding this is BS according to her and causing havoc.

As kiwipaul and whale have advised the resident in question requires 75% of votes in favor by the OC to get what he wants but the strata manager has stated that is incorrect and its 75% of the votes received only. So in light of this which is actually correct? In a complex of 23 i had assumed the resident required 18 votes in favour.

Lastly as this driveway services two townhouses but the expansion would only benefit one owner the SM has advised the information provided about registering  a Special By-Law covering the Owner’s exclusive use of the common property for their driveway, or granting them a “licence” to use the common property is incorrect. Is it safe to say that i am being mislead on her comments?

Thanks for any advice.

@JimmyT said:

@kiwipaul said:
This is correct only the EC members can vote at an EC meeting but owners can participate as observers and can express their point of view.

This is partly to avoid EC meetings being hijacked by owners who are prepared to become abusive and intrusive to get their points across.

What you have stated is the exact reason the secretary and i have concerns about this meeting going ahead since this is exactly what happened at the last AGM. Know KP has stated concerns about me preventing owners from attending which is incorrect however my enquiry could have been phrased more clearly which has lead to some confusion.

Whale said

If you’re in NSW, an E/C Meeting can go ahead provided half of the elected members are in attendance (in your case that’s 3), and any members who cannot attend, irrespective of what position/s they may hold, may with the consent of E/C appoint another owner (incl. another E/C member) to act and vote in their place at the Meeting.

Is there any law covering EC members allowing them to withhold a vote on this particular matter?

@Whale said:
Strictly speaking, the resident has changed the Common Property (antenna) with first obtaining the written consent of the Owners Corporation (O/C), and they could be required to restore it to its original (presumably non-operating) state, whereupon the O/C would be required to have it replaced again .

All quite silly really – like how much money are we talking about?

It sounds like the O/C only paid for the roof tile repairs, in which case I’d be inclined let sleeping dogs lie.

However as the O/C is held responsible to maintain and repair whatever style / quality of antenna and cabling the resident has installed, your Executive Committee Secretary should instruct the Strata Manager to advise that resident in writing that they’re not to make any further additions or changes to the Common Property, and that whilst for safety reasons any future maintenance and repairs to the newly installed antenna must be arranged by the O/C, that will be at cost to the resident (as its their antenna).

Its a fair call about letting sleeping dogs lie. Buts its hard to accept considering the strata manager simply stated “The roof is common property and it was accidental.” And that she would not forward on the bill.

I will take on board your last paragraph and push for something similar to be placed in writing.

Council just refererd me to the bulding code on Australia. The BCA refered me to this link.

https://housingcode.planning.nsw.gov.au/Developmentwithoutapproval/Balconiesdeckspatiospergolasterracesvera.aspx

Strata said its not common property. Need to confirm this though. 

struggler said:

Firstly, have you checked with your local council as to requirements for structures of this type?  There may be limitations on the area of a pergola.

Secondly, is this pergola common property?  If so do not touch this without permission.  You may not only be in breach of council regulations but of strata by laws as well.  You would need permission and no doubt an exclusive use clause.

If the structure is not common property, you could put in a submission via the managing agent to the EC/OC (don't give it to them directly – your word against theirs as to whether they received any info).  Going via the managing agent leaves a “paper trail” and makes such a request official ie there is a record of it.  Leaving for the EC in the letterbox or under the door you have no proof.

Include in your submission any details about council regs (whether complying or non complying development) current square metres, how many square metres the finished pergola will be.  Include diagrams, measurements, materials used.   Assure EC that only licenced insured tradespeople will be used.  Any damage to common property will be rectified (from delivery of materials for example), tradespeople will work within defined hours to limit noise to neighbours.  Just include everything and anything.  

But whatever you do, don't go ahead and just do it because you haven't heard back either way.