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Unapproved major reno. Help me compose motion for agenda.
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Sty
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13/11/2017 - 4:21 pm
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First time committee member and first time user here. 

Please help me to reply to my strata managing agent and to compose a motion for our general meeting regarding unapproved major reno that an owner has undertaken.

The agent email me to ask for a wording of motion for the general meeting, including raising ~4000$ for lawyer fees. He wants me to set the due date in which the levy to be paid to pay this fees.

Question:
1. I don't believe the Owner corporation (eg the rest of us have to pay for lawyer cost). How can I best answer his email without putting myself liable for any damage/cost that will be incurred by owner corporation? Anybody have sample of meeting motion to bring up unapproved works in meeting?

2. What happen if - there is no other owner attends the meeting and that there is still no approval for unit 1 renovation being sought by Owner of Unit 1?  I have written request for owner Unit 1 one to provide details of work (major bathroom renovation), however it has been ignored. Due to lack of action from agent, I believe the renovation of Unit 1 is now completed. We don't know what exactly is he doing! Can I go ahead to appoint a lawyer?

3. Would I be able to apply to tribunal for a dysfunctional strata if no other owner is responding / strata manager is still not helping out?

Thanks in advance guys. Really appreciated as this matter has been doing my head for the past months :-\  My agent does nothing and putting responsibilities and blame toward me as the only committee member (out of 4 unit). Other owners are inactive.

Sty.

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Puddn
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14/11/2017 - 8:42 am
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Sty - doesn't appear that you are getting much support, from either the strata managing agent or other owners.

I am not a lawyer - but if in your shoes, I would likely go down the mediation/NCAT (are you in NSW?) path rather than try to address the strata manager's questions (which they should be able to advise in any case).

The first step would be to apply for mediation with the strata managing agent. No matter the outcome of the mediation, you would at least have some of your questions answered and a door would open to apply to NCAT to have the strata manager dismissed.

As a lot owner, you can apply to Fair Trading yourself - you do not need permission from committee, strata manager or other owners. However, you will need to be prepared for a push-back defensive response.

I have followed this path myself, and whilst it did not lead to the dismissal of the strata managing agent (which I did not ask for but was my next step), it has lead to proper processes being put in place. 

In regards to legal fees - we use two motions 

1. That the SP ???? resolve to obtain legal services in relation to........ and concerning ..........

2. That the SP ???? resolves to engage ????? to act on its behalf in the provision of legal services referred to in previous motion and all matters incidental thereto in accordance with their cost agreement and disclosure dated ????

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BONNIE L
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14/11/2017 - 9:35 am
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Hi, Read detail only quickly.  Do everything possible to argue your point.  Fair Trading and  tribunal mediation also way to go in my experience. Also getting as many other owners as possible onside helps. Also great if you and committee can fund a reasonable cost strata solicitor. Good luck!

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Sty
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14/11/2017 - 10:46 am
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Puddn said

In regards to legal fees - we use two motions 

1. That the SP ???? resolve to obtain legal services in relation to........ and concerning ..........

2. That the SP ???? resolves to engage ????? to act on its behalf in the provision of legal services referred to in previous motion and all matters incidental thereto in accordance with their cost agreement and disclosure dated ????  

Oh thank you for this, Puddn! 🙂 🙂 🙂

Yes I am in NSW.
So glad to see support in this forum. I will try to compose it based on the two points above. I will let you what the strata agent reply.

I had mentioned in previous occasion that we might need FairTrading mediation to the strata manager but his reply was that he is going to charge OC for his time spent at the mediation!
 
So yes Bonnie, looks like we will probably have to go to tribunal if Owner 1 does nothing and Strata manager kept ! :-\

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BONNIE L
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14/11/2017 - 2:17 pm
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As far as I recall, strata manager's name appears on the official notice.

I know they have to charge their time out.  

Anyone know more?

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Digby
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17/11/2017 - 5:23 pm
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Hi Sty,

A motion has to carried for approved expenditure for the lawyer fees by the majority of stake holders of the strata scheme. 

If a lawyer has been appointed by the strata managing agent without the written approval of the strata scheme they will have to pay for the expense. 

No one unit lot owner can act alone on strata issues.  

I suggest you send notice to unit lot holders of the strata scheme directly of the current situation seeking a meeting to resolve the issues with your property agent & unit no.1.   

King Regards. 

Digby. 

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JimmyT
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18/11/2017 - 8:48 pm
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Digby said
If a lawyer has been appointed by the strata managing agent without the written approval of the strata scheme they will have to pay for the expense. 
   

Not true, if there is a clause in their contract that allows them to do so ...

You can't make blanket statements like that unless it's a matter of law, and this isn't.

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Digby
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20/11/2017 - 2:54 pm
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And if such clause dose not exist ? 

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JimmyT
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20/11/2017 - 3:33 pm
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That's why I said you shouldn't make blanket statements - like the one you made in another post about noise on common property.  What if there is no by-law about noise there?

No more point scoring, OK?

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