Flat Chat Strata Forum Strata Committees Current Page

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  • #42147
    bangles
    Flatchatter

      I am not an elected Strata Committee member but I am an Owner Occupier so part of the Owners Corporation. At our AGM each year prepared by our Strata Manager there is always a Motion to allow the SC to make decisions on behalf of the OC up to $30,000 for any one off repairs/maintenance work required, above that nominated amount it needs to be referred back to OC .  At the last AGM in January it was discussed/ decided to replace all foyer entrance light fittings. A couple of designs/colours were suggested and selection was to be left to newly elected SC.  It was anticipated cost would be between $3,000 and $4,000.

      Consequently existing fittings were removed and electrical wires were taped up in preparation for new light fittings.  Unfortunately that is how it has remained for the last 8 months.  After months of requests trying to find out when work will be completed I am now told by a committee member that the SC can not decide on a fitting because it falls under Fixture/Fittings not repairs/maintenance and the best anyone can do is purchase a couple of different fittings, have them installed by an electrician then get all OC members to vote to decide on one fitting, but not to worry because they were trying to get work done by Christmas – 12 months for light fittings!

      I contacted SM only to be told that was correct SC did not have authority to make decision.  Can someone please tell me if this is correct?  In any case the length of time is totally unacceptable, I consider 12 months of exposed, taped wires 11 months too long, it devalues our property, it looks like we do not have funds to complete work and our financial position is really very healthy.  What can I and other Owners do, where can we go, who can we talk to so work is completed. Thank you in advance for any suggestions

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    • #42175
      Jimmy-T
      Keymaster

        I always get suspicious when strata managers and committees give two or more unrelated reasons why work isn’t being done.  Do they need approval to spend the money or do they want to run a poll on the style of lighting.  No point in the latter without having the former.

        I would put a crisp new $5 note on this being a dispute between factions on the committee who want different kinds of lights. Maybe some committee members who didn’t want the expensive eco-friendly lights are demanding cheaper, planet destroying ones. Or someone wants a hip industrial look while other want discreet hidden lights.

        Either way, submit a motion to your next committee meeting that the committee explains in detail why your foyer looks like a set from a renovation TV show that’s been cancelled mid-season.  And add a second motion that the committee approves the funding to finish the job or, if they don’t have the power to do that, they call an EGM to get the approval.

        You are right to be angry and suspicious – so demand on-the-record answers and action.

         

        The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
        #42203
        bangles
        Flatchatter
        Chat-starter

          Thank you Keymaster for response, I was unaware I could submit a Motion to the Strata Committee, I thought it was only  an option for AGM/EGM – always good to learn new things. Would it be reasonable to include a time frame in the Motion?  The SC has not held a meeting for several months and when I asked when is the next meeting I was told there is not one scheduled at the moment.  I assume I forward the Motion via the Strata Manager?

           

          #42211
          Jimmy-T
          Keymaster

            You could ask for this to be dealt with as a matter of urgency.  If you get the same response, you may want to remind them that there is a time window on this under section 232.2 of the Act that says you can take them to NCAT if they either refuse or don’t respond at all within two months.

             

            The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
            #42334
            Flame Tree (Qld)
            Flatchatter

              As I understand it, and as is in Qld where I am, you can write your motion for a committee meeting but they dont need vote on it at all, whereas if you write one for the AGM (or egm if you have the numbers to call for one) it’s the owners in full voting and if passed the committee are then charged to execute it.

              #42348
              Jimmy-T
              Keymaster

                It’s pretty much the same in NSW but the point in this context is that the issue is now a matter of record on the agenda (or at least in the Secretary’s inbox) and the clock has started ticking for a section 232.2.

                Waiting for the next AGM kind of defeats the purpose of hurrying things along, doesn’t it?

                The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
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