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Thanks to all who have responded. The gate in question has in the past been recognised as an emergency exit. There is a draft for a new emergency exit plan which does not include this gate. I will be raising my concern about that point but if the change is eventually approved I still have a concern about residents being “locked in”. There could well be cases, whether or not emergencies, where immediate access will be required. For example, where tradesmen or other contractors need to bring equipment through the gate and 48 hours notice is not available. Or where an ambulance needs to evacuate someone because access to and from the underground garage is not possible.
I agree with Kaindub’s view and would like to know if it is based on a provision in law.
Thanks again to everyone.
One more comment. I can see how a quorum could be achieved if the acting member who is appointed (at any time prior to a meeting) is not already a committee member. My original question was based on a scenario where an existing member seeks to appoint another member as an “acting member”. In other words, a quasi proxy arrangement. As far as I am aware there is no scope for proxy arrangements for SC’s.
Thank you for the responses. They are very helpful and remove any doubts I might have had.
Thanks for this feedback. It seems there is a question mark about what should be treated as a “workplace”. How, for example, should a strata manager who visits a complex for scheduled meetings regard the site? Is it the owners corporation or the employer of the strata manager who has the responsibility for workplace safety?
I agree with the points you have made.
I too think there needs to be better oversight of strata managers. If it doesn’t already exist how about something like a continuing professional development programme which requires strata managers to undertake a minimum number of hours of education each year in order to retain their credential.
My suggestion is based on experience with our manager, who obviously does not understand the strata law as it now exists but wont acknowledge his deficiencies. I would also suggest that there should be a requirement to put strata management arrangements out to tender on a regular basis.
I don’t think it’s good enough to simply renew a management arrangement at each AGM without going out to the market at some stage.
In relation to strata committees, I can see no justification for having a committee comprise more than five members in a complex of less than 100 lots. This should be prescribed in law.
Thanks for the information. Do you have any details on any by-law that has already been adopted for this purpose?
Thanks Sir Humphrey,
It would be on the roof of an individual apartment, where there is more than enough space. It is a common property roof but is not on top of any other apartment. Another issue is in relation to placement of any battery and installing the connection between the solar array and the battery, which would need to pass through or across common property from the roof.
Jimmy, could you please give me a reference or link to the strata law change you mentioned.
Hi Jimmy,
If you are looking for the NSW legislative authority requiring SC minutes to be kept I believe the provision is contained in Section 17 of Schedule 2 of the Act which came into force in 2016.
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<h4>SCHEDULE 2 – MEETING PROCEDURES OF STRATA COMMITTEES</h4>
<h4>17 MINUTES AND OTHER RECORDS</h4>(1) Records to be kept A strata committee must cause to be kept a record of its decisions, any notices given under this Schedule and full and accurate minutes of its meetings.
(2) The minutes must include minutes of all resolutions passed in accordance with this Schedule.
(3) Distribution of minutes and records of motions Within 7 days after a meeting of a strata committee or the passing of a resolution by the strata committee, the strata committee must provide copies of the minutes of the meeting or of the resolution in the following manner–
(a) by giving each member of the strata committee a copy,
(b) by giving each owner a copy, if the strata scheme is not a large strata scheme,
(c) by giving an owner a copy, if the strata scheme is a large strata scheme and the owner requests a copy within the period of 7 days.”
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