Flat Chat Forum Another day in paradise Current Page

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  • #7538
    Jimmy-TJimmy-T
    Keymaster

    The first strata titles legislation in the world was created right here in NSW exactly 50 years ago. But how much do you know about it?

    Considering half the population will be living in strata in the next 20 years, it would be nice to think most of us had some idea how it works.

    Maybe we should have  a test – like the one for your driving license or citizenship – before you are allowed to rent or buy in strata … and certainly before you’re allowed to stand for the executive committee.

    I joke, of course. But here’s a taste of the kind of questions you might ask yourself, people you know who are about to move into strata, your EC members or, even better, your local MP.

    Answers at the end of the column – no peeking?

    1. Can tenants be members of executive committees?

    2. In a ‘poll’ vote at an AGM, how is the voting based: a) per owner, b) per adult resident, c) a figure based roughly on the value of your apartment?

    3. Are Owners’ Corporations obliged to enforce their by-laws?

    4. Can the Owner’s Corporation prevent owners from entering common property?

    5. Can you clamp or tow visitors’ cars parked illegally on common property?

    6. Is there a limit on the number of proxy votes one person can use at a general meeting?

    ANSWERS: 1. Provided they are legally nominated by an owner, anybody can be on the Executive committee.  Tenants don’t even need to be nominated by their own landlord.

    2. c: your votes are your unit entitlements which is the figure used to calculate your levies and is (very roughly) based on the relative value of your home.

    3. No in NSW, but yes in Victoria and Queensland.

    4. Yes – common property isn’t shared property and sometimes it’s in everyone’s interests to restrict access, for instance, for safety reasons.

    5. No. It’s against the law.

    6. No. There is a limit of two per voter in Queensland but “proxy farming” is still rife in NSW, especially where there’s a high percentage of investor owners.

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  • #13421

    Hi Jimmy T. Interesting quizz especially about voting rights. Can a “poll” vote be requested at a general meeting or an extraordinary meeting of the Owners Corporation as a matter of principle. And could a “poll” vote be requested at such a meeting to consider/approve an alteration such as erecting a pergola/ awning on a villa not visible externally to the whole property ?Smile

    #13423
    Jimmy-TJimmy-T
    Keymaster
    Chat-starter

    A  poll vote can be called by any owner at any general meeting  (annual or extraordinary) on any issue.  But be warned, unless you are very well-prepared, it can take hours to gather and collate all the unit entitlements. 

    The EC of my building, knowing we were likely to have a few tight votes, constructed a spreadsheet so that the votes could quickly be punched in (nothing to do with me, I hasten to add).  But if you have more than, say, 30 units in your block, it would be worth warning your strata managers that that's what you're thinking of doing.

    #13416

    Jimmy, great post/column.

    Maybe we could add some more questions, such as:

    1. Who is responsible to notify the owners corporation that I am an owner or have changed my address?

    2. What happens if I don’t pay my levies?

    3. How do I get permission to do renovations?

    The quiz could go on!!

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Flat Chat Forum Another day in paradise Current Page