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I think everyone should stop and take a big breath right now. The issue has gone from a Neighbour complaining about noise. To the the correct legal application and use of AVO’s; Seriously people just stop.
Go back to the first issue raised.
‘My cats using the kitty litter tray in my bathroom at night (I moved it)’
The neighbour’s unreasonable request is the issue!
There is no indication that she is doing anything to accommodate her super hearing in a block of units.
Monique10, after notifying the Strata Manager and OC about the invasion of your privacy. I would ignore any further communication with the neighbour. You will never satisfy her.
For reference to what you are facing go on Youtube and look up anything under “Karen behaviour’ because that’s what you are facing. A Karen’s defining characteristics are a sense of entitlement, a willingness and desire to complain, and a self-centered approach to interacting with others. Also “demands the world exist according to her standards with little regard for others. ” True that’s straight from Wikipedia, but it fits.
So everyone can be nice and “move a Litter tray” etc, but there will always be another complaint.
I agree with Jimmy on his proposal. Another way is to have a motion on the next general meeting that the owner force, being “That the Owners Corporation resolves to have future general meeting by electronic form only”
You would need to have the strata manager confirm the wording of the exact motion as you may want to meet for the Annual General Meeting as you need to elect a committee.
Then you have that motion on every general meeting so that no one needs to waste time meeting just email back a form with your vote.
You could also at a general meeting have a motion to call the next general meeting, say in 3 months (you set the date at the meeting, again your manager) with owners to provide motions for that meeting 31 days before the meeting date.
That way you limit the number of meetings to 4 a year, they are electronic and you can’t be seen as not allowing the owner to put motions forward.
The owner just wants to whinge and make sure everyone knows how important they are, just like a child.
So give them a voice, but you control when and how.
Hi, There was a recent court case (NSW can’t remember, but last few months) where the ceiling paint of a lot was the Owners Corporations responsibility, because the paint was damaged by a roof leak. The OC had repaired the ceiling but not the paint. But the Judgement was, that as the damage was caused by a failure in repair and maintenace of common property (the roof) then the OC was responsibile for damage to paint. So if the paint is damaged because the ceiling is damaged (Repair and Maintenance) then the OC should paint it. The OC is doing the ceiling then the OC must paint.
Think of it this way, if the OC waterproofed a shower they would be responsible for removing and re-fitting the showerscreen. So if the OC can do the ceiling without touching the paint, then it would be the owners.
Hi
Jimmy covered it well.
No committee can be elected electronically. Must be face to face meeting or a ZOOM type meeting.
Your an owner; the committee can’t decide if you are allowed information (unless its a secret ballot) and thats is set out in the Act so not a committee or owners corporation call.
The motion to elect a committee is invalid, as it was not face to face or ZOOM. So there was no legal vote, there was no vote to set the limit on the committee.
I would ask the Owners Corporation to
1. Supply the section of the act which authorizes the ability to pass on the costs.
Basically they can’t add costs to your lot account.
If you did not fix the leak after they told you to (and you did), then they can pass on the costs of the works to maintain/limit damage to common property. That is in the Act.
Call their bluff.
Seek an application for mediation with NCAT, and/or get a Lawyer; SGL are very good at it. To inform them that they have no rights to forward the costs and the amount including interst and other associated charges are to be removed.
Just some points that Taps originally started with.
- Paying for having Tax returns done. Strata Plans are all required to lodge Tax returns, so investment account or not. you still lodge one. So no savings on having the return done regardless of having or not having an investment account, as inhouse tax returns are usually a set fee.
- Interest and Tax. You only pay tax on what you earn, so unless you have a concern for your personal tax return being adversely affected I see no issue with paying 30% tax on a Profit made. Its still 70% return to the OC on the interest. Today its not much but its money the OC would not get if in a no interest account.
Hi
My take on it would be slightly different from Jimmy’s. In that before calling the meeting to name and shame or push a By-law.
I would ensure that the culprit was contacted to find out what their complaints are. That way you can see if there are any true concerns or if its just (Mister Crazy) as I suspect.
That way when push comes to shove over the reason for the meeting and the potential need for the By-law, you have an nice clean history of the need to do so.
So if it goes further say to NCAT you can clearly show that all your actions were required because of the behaviour of the other party. (Dear Member the OC was unfortunately forced into taking such drastic action).
Remember (Mister Crazy) will not understand what a name and shame is, because its you who are always wrong not them.
Strata Managers now have been updated to be included with Professional Standards Legislation, so that is a better avenue to pursue.
As for response times etc, recently with the Lockdown situation there has been more delays that are unavoidable. But an email saying that the matter is being checked should still be sent.
Try and see if the other owners are in the same boat as you. If they are then tell don’t ask the strata company to change managers. If all else fails then you know not to stay with them when the renewal comes around.
KPIs can be part of an agreement. I work at a company that has them, so there is no reason not to have them.
I have had a few dealings with damage to cars. So the outcome I have always had is:
1. The OC is not responsible for the car, they maintain and repair common property not private property.
2. The OC insurer will note that it is not covered under the insurance policy.
3. The owner of the car will get very frustrated.
As a SM I would have lodged the claim on behalf of the lot owner, even knowing the outcome as it is not my choice to make if it should be lodged or if it would be successful.
I would advise the car owner to lodge a claim with their insurer noting the OC as the responsible party and let the two insurance companies sort it out at a claim level.
I think there are 2 points to remember. Garages do not need to be waterproof as they are not a habitable area. Also swap (car and paint work) for (cardboard boxes and clothing) the OC insurance coverage and liability is the same. Would that change your opinion on what the OC and SM should be doing?
A lot balance report should already being going out with every General Meeting Agenda. To show the individual balances of lots. As to have voting rights at a meeting (or be elected to the committee) an owner must not owe any debt to the owners corporation regarding the levies due on the date the Agenda was Sent.
Basically if they owe money all owners need to know before the meeting. so that it is clear if an owner can vote.
But if the Agenda notes an owner owes an amount of money and they pay it to the Owners corporation before the meeting then they are allowed to vote.
If agenda does not include it, then I would simple ask at the being of the meeting for the Chair to confirm which lots are entitled to vote and which lots owe a debt and how big is the debt.
Hi Jimmy
what’s the link to get onto the quiz? I must be missing it.
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.
The manager MUST call a meeting to resolve the issue.
They can be appointed as the Strata Managers at the meeting or they provide you with all the documents and you can go to a different manager.
If you have a different manager to go to just prewarn them of the dates involved. They may even know the current managers and be able to sort it out.
Professional companies do it, its one way to find out if they are professional.
SSMA 2015 Section 237 Clause (6)
(6) Return of documents and other records
A strata managing agent appointed as a consequence of an order under this section must cause a general meeting of the owners corporation to be held not later than 14 days before the end of the agent’s appointment and must on or before that meeting make arrangements to return to the owners corporation all documents and other records of the owners corporation held by the agent
A few points to consider.
– The AGM can be held anytime in the 12 months after the Financial year for the Plan ends. Say the accounts end 31/5/19 they can hold the meeting 20/10/19 as long as a current set of accounts are supplied for the meeting. So you get 2 accounts ones ending 31/5/19 and a 2nd set ending at the date the Agenda was sent say 15/9/19. Its legal but not desirable. The delays are usually because there is major works to consider and the owners want tenders to be available at the meeting.
– If your 2018 AGM notes the levies set are due in 4 installments, say 1/6/18, 1/9/18, 1/12/18, 1/3/19 then they can’t issue levies for 1/6/19 because the owners corporation did not set the levies for that period. BUT I would make sure I paid levies as if they had been set to make sure that there was no comeback that I was not financial.
Hi Lawoftheland
Not knowing the exact details of the claims histories I will give a general overview.
If there is damage to an insured part of the property then a claim can be put in. The SM really doesn’t have to tell other owners. If its a claim they have no choice but must lodge it, they can’t say that they will not lodge a claim. Its the insurance company that will seek all the information regarding the claim. They may also have carried out rectification works directly.
The flex hose is the owners but damage to the building is the Owners Corporations responsibility. This can lead to the situation here.
As to the shortfall in the Admin funds, remember the manager does not set the levies. The owners do at each AGM.
So look at how much you spend in the Admin fund each year, what is the deficit in it, how much of a safety buffer you want in it and then set that as your admin levy. As for the Capital fund always review the current amount in it, the Capital Funds Report recommended levels and future works.
I can not say it enough, if your funds are too low then raise them its up to the owners not the manager.
As to removing the manager either
1. Let it run for the year and then change. (this is the simplest)
2. Terminate the contract by paying them out there management fee etc for the contract term. (you would need the other owners to agree and have a new manager lined up to take over)
3. Go to NCAT and have a compulsory manager put in. (this is hardest, as you must prove that the Owners Corporation is Dysfunctional and needs someone to make ALL decisions for them, including setting the levies)