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  • in reply to: Are there limits on the Chairperson’s power? #46249
    Avatarcrispy
    Flatchatter

    If the door is really in a bad state you could go to NCAT and argue that the OC is failing to maintain common property.

     

    Avatarcrispy
    Flatchatter

    While this is a creative plan, in the case of Sydney City Council their policy is to limit the number of available parking spaces, the idea being to encourage people not to bring cars into the council area. If you allow residents to use visitor parking you have effectively increased the number of resident vehicles within the complex, which is not in line with council’s policy.

    Avatarcrispy
    Flatchatter

    I enquired with the City of Sydney abount managing our parking space. Looking at their terms and conditions, you can have no existing issues with parking and parking must have unrestricted access. Try ticking those 2 boxes. I guess it is just easier to ticket cars for expired tickets on the street.

    in reply to: Are there limits on the Chairperson’s power? #46128
    Avatarcrispy
    Flatchatter

    If you look at the Strata Schemes Management Act and associated regulations, Strata Committee member really don’t have any “Power” they have responsibilities. So if you feel that a chairperson is not reasonbably considering your propoosal, consider if they are fulfilling their responsibilites and following the correct processes. In my experience most Strata Committees do not correctly follow correct processes and are poorly advised by inexperienced strata managers

    in reply to: Charged cost recovery notices for tenants’ fines #46122
    Avatarcrispy
    Flatchatter

    While I agree the stata’s fine is not legal, I do not agree that imposing a fine is a form of bullying. As the secretary of a large strata for many years, the law is woefully inadequate in this area. Building management and volunteer committee members spend a significant amount of time dealing with a small minority of residents, typically tenants, who consider that they are not required to comply with bylaws. This is time we should be spending on productive works. Making life uncomfortable for a tennant who considers themselves somehow exempt from bylaws is often a a more productive use of our time.

    If a tennant stops paying rent for whatever reason, evict them and get a tennant who pays their rent.

    in reply to: Can we charge penalties for late payment of levies? #36769
    Avatarcrispy
    Flatchatter

    As an alternative to imposing fines on late levies, one of the strata in which we own has a discount system. So if your levies are due on 1st May, you get a 10% discount if you pay by COB 31st April. So if we pay our levies on time we save nearly $600!  We always pay on time 🙂

    in reply to: How to ‘entice’ more owners to join the EC #30335
    Avatarcrispy
    Flatchatter

    Strata committees can be a nightmare with some members more intent on attaining “power” than actually achieving anything.  I wonder if the reason other owners don’t want to join the committee as they already know how things are working (not) and prefer to just keep out of it.

    In my experience with strata committees and committees in general, you can always use the “lazy” strategy. Create work for the committee that requires members like the secretary to have to use their time to take care of strata work, or keep asking the treasurer to clarify things like expenditure, how contractors were selected, did they sight licenses etc etc.   A lot of these power mongers are basically lazy and full of insecurities, give them a bit of work to do make them embarrassed because they don’t know what to do and they’ll scurry away like cockroaches.

    Of course you can always ask the non-participant owners join the committee and appoint you to act for them at each meeting (NSW), that way you will hold more votes than just your own.

    Your best tool is knowing the legislation and bylaws. Read the SSMA and the bylaws so you can quote them at meetings, it will often shut up people who have used the ignorance of other members in order to gain control.

     These tactics have worked for me in the past so might be worth a shot.

    I should point out that I don’t see that there is any “Power” in being on a strata committee, it’s just a lot of work, but it’s your best way to protect your property.

    Avatarcrispy
    Flatchatter
    Chat-starter

    But that is inconsistent with with my reading of Strata Schemes Development Act (SSDA). You can’t hold an AGM for a strata that does not exist and a strata does not exist until it has been constituted. In order for a strata to constituted it needs to be registered. As part of the registration process the developer may either rely upon the model bylaws, or submit bylaws in addition to the model bylaws, or submit a complete set of bylaws (probably largely based upon the model bylaws.).

    The core question is whether those bylaws included when the strata was registered under the SSDA at the LPI can include Exclusive Use/Special Privilege bylaws.

    Avatarcrispy
    Flatchatter
    Chat-starter

    @JimmyT said:

    You say it was not the initial period.  Does that mean you had held your first AGM at which the by-laws were approved?  As far as I know, the initial period ends at the first AGM.  

    SSMA 2015:

    initial period of an owners corporation of a strata scheme means the period:
    (a) commencing on the day the owners corporation is constituted, and
    (b) ending on the day there are owners of lots in the strata scheme (other than the
    original owner) the sum of whose unit entitlements is at least one-third of the
    aggregate unit entitlement.

    The CP bylaws I refer to were included in the set of bylaws included in the documents submitted in formation of the strata (an enhanced version of the model bylaws), therefore from my reading this would not be during the Initial Period. These are “Developer Bylaws”. So my question is whether a developer can grant exclusive use of areas of common property in these developer bylaws. 

Viewing 9 posts - 1 through 9 (of 9 total)