Flat Chat Forum Strata Committees Current Page

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  • #53153
    mark1980
    Flatchatter

    We had a general meeting today and I nominated myself for members of the strata committee. Currently I am having a dispute with the OC regarding a common property repair. I submitted a strata mediation through NSW fair trading. Because of this, the strata manager said I’m not eligible for the nomination. We have to resolve the dispute first. Is that correct? What if an existing member has a dispute with the OC? Does she/he have to get out of the committee first? Cheers

    • This topic was modified 7 months ago by .
Viewing 9 replies - 16 through 24 (of 24 total)
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  • #53185
    mark1980
    Flatchatter
    Chat-starter

    Thanks again. Jimmy!

    So what’s the time limit? The general meeting was 9am Friday 20//11 .

    Let’s say, they give me the right to nominate myself. What if the 2 members all veto? Apparently they don’t want me to join the committee because of the dispute. Is that possible for them to keep me out of the committee?

    #53184
    Jimmy-T
    Keymaster

    I don’t remember they had such a vote.

    To be fair, it’s not unusual in a small scheme for  the letter of the law not to be followed.  It’s often just a case of sayign”ok, who wants to be on the committee?”  The problem here is that they have denied you the right to nominate yourself and there is absolutely nothing that I can find in strata law that allowes them to do that.

    I think a quick call to your strata manager offering him the option to fix the situation, otherwise you will immediately (and there is a time limit on these things) make an application to Fair Trading to have the whole election re-run art another general meeting and, by the way, he should wear any costs becasue it’s his error and no one else’s.

    Also, as a genreal rule, make sure all the blame gets sheeted back to the strata manager for having advised the committee badly.  He is dispensible – but you have to live with your neighbours.

    #53182
    mark1980
    Flatchatter
    Chat-starter

    Thanks very much for your comments, Jimmy!

    First, the dispute is about the loud garage shutter and motor next to my unit. I am frequently waken up by the noise during the middle of the night. The OC refused to replace the motor. So I had to submit a strata mediation.

    Second, there are only 11 units in the building. My unit has the most entitlement (12 out of 100), thus my levy contribution is the most. Basically, I don’t have any say in the strata.

    “For instance, after the nominations, did they first have a vote to decide on how many members there should be in the committee? Have a look at section 9 of the Regulations, to see if they complied.”
    I don’t remember they had such a vote.

     

    #53180
    Jimmy-T
    Keymaster

    So I asked the strata manager to give me the reference to sections in the strata Act or Regulations. Here is his reply: “As stated, there Is case against the Owners Corporation and specifically the strata committee, there is a conflict of interest – this was agreed by all parties. Until the case is over, you can request a EGM and join the committee if voted in favour.” Currently there are only 2 members in the committee.

    If there is a conflict of interest it cuts both ways.  It sounds like the strata manager is making it up as he goes. If you were illegally prevented from standing for election, than you can seek orders invalidating the election under Section 24 of the Act.

    I am guessing the correct procedures for the election were probably not followed in any case.  For instance, after the nominations, did they first have a vote to decide on how many members there should be in the committee? Have a look at section 9 of the Regulations, to see if they complied.

    If they decided on more than two, then the existing members can vote to co-opt you on  to the committee (to save having the whole election invalidated).

    Also, if there are more than 100 lots in the building the committee must have at least three members.

    • This reply was modified 7 months ago by .
    #53179
    Jimmy-T
    Keymaster

    Another thing is about the balcony sliding door. My impression is it’s part of the wall and a responsibility to the strata. But he said the OC just had a meeting and passed a by-law. Now it’s the responsibility of individual owners. Is this possible?

    I think passing responsibility for common property to owners can be done via Section 107 of the Act or via a by-law passed with no more than 25 per cent of owners dissenting at a properly constituted meeting.

    However, if you had an issue with them over a repair that was notified or was apparent before the by-law was passed, I believe they would stiull be responsible for the repair (under common law, rather than strata law).

     

    #53164
    mark1980
    Flatchatter
    Chat-starter

    Another thing is about the balcony sliding door. My impression is it’s part of the wall and a responsibility to the strata. But he said the OC just had a meeting and passed a by-law. Now it’s the responsibility of individual owners. Is this possible?

    #53165
    mark1980
    Flatchatter
    Chat-starter

    So I asked the strata manager to give me the reference to sections in the strata Act or Regulations. Here is his reply:

    “As stated, there Is case against the Owners Corporation and specifically the strata committee, there is a conflict of interest – this was agreed by all parties. Until the case is over, you can request a EGM and join the committee if voted in favour.”

    Currently there are only 2 members in the committee.

    #53163
    mark1980
    Flatchatter
    Chat-starter

    I have paid my levies on time. Since we’ve had our general meeting today, there is no way to be admitted into committee then?

    #53159
    Jimmy-T
    Keymaster

    Sounds like total BS to me. Have you withheld your levies payment becasue of the dispute?  Non-payment of levies is one of the few things that can disqualify owners from nominating anyone, including themselves, for the committee.

    Ask the strata manager to give you the reference to sections in the strata Act or Regulations that say you can’t nominate or be nominated while you are in dispute.

    • This reply was modified 7 months ago by .
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