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  • in reply to: Air Conditioning – application procedure #73460
    TrulEConcerned
    Flatchatter
    Chat-starter

      Finally the people agreed to my suggested text (more or less) making the air cond applicant required to pony up plans and details of the installer as well as holding him responsible for R&M of the installation (and making good any damage to common property).

      One owner wants the air cond by-law to include reference to the common property rights by law (CPRBL). This seems fair in light of the above.

      But it raises a related question: in our scheme one lot has a terrace which it alone enjoys the use of. Access is only available through that lot.

      [This requires a separate thread which has been opened HERE – JT]

       

       

      in reply to: Air Conditioning – application procedure #73286
      TrulEConcerned
      Flatchatter
      Chat-starter

        Quirky, thanks for your many points.

        You wrote “You don’t say if you are an office holder on the strata committee, but only the secretary (or delegated strata manager) has the authority to issue any demand email to the AC installation applicant. Decisions about renovations are made by the strata committee at a properly convened strata committee meeting, and not by individual committee members”. Sorry I was unclear. I am the Sec.

        You indicate that ” (I) should have sent that email to the strata manager and strata committee secretary, and request they arrange a strata committee meeting, with the substance of your email as an agenda item. Then the committee could make a decision about sending those demands to the owner asking to install an AC”.

        What happens if the committee decides not to require the matters I listed to be addressed by the applicant? That is, no need for plans, no need for proof the installer is insured or qualified and no obligation for the applicant to pay for repairs and maintenance of the A/C? If the majority vote that way, is such a decision legally valid?

        The strata mgr decided the matter should go to a EGM. Is that correct? I think your point on “minor renovation” and that the venue for such a decision is a strata committee meeting makes sense.

         

         

         

         

        in reply to: Air Conditioning – application procedure #73287
        TrulEConcerned
        Flatchatter
        Chat-starter

          Jimmy, I just established the a/c proposed is reverse cycle split system.

          in reply to: Air Conditioning – application procedure #73285
          TrulEConcerned
          Flatchatter
          Chat-starter

            Kaindub, you mention that “its good governance to have the strata manager and the committee look over these types of applications and advise the owner of any prerequirements. But dont be obstructive”.

            I don’t think you are aware of how clueless some strata managers are and how ill equipped some committees are.

            One owner suggested we use a by-law he found in another strata and that was accepted without a peep by the strata manager, even though it contains terms that have no relevance to our strata.

            As for the committee to look over the application…, the person seeking to install the a/c is a committee member who thinks no paper trail eg listing the qualifications, experience and insurance of the installer is needed.

            in reply to: Air Conditioning – application procedure #73085
            TrulEConcerned
            Flatchatter
            Chat-starter

              @Jimmy

              Thanks for the reply. I am not asking for more than I have seen asked at other schemes. In this scheme nobody asked in the past for approval so there is neither a by law in place nor a template for submitting an application.

              In my email to the applicant, with a CC to the straat mgr, I made clear that I want the matter approved speedily but that no corners be cut and that the OC be protected. I mentioned “protection” because I was told of a case some years ago when an approval was waved through and when the A/C unit broke down the OC was asked to repair it. NCAT mentioned a colossal error by the OC when it drafted the by law: it did not specify who pays for what repair or maintenance.

              I agree about not projecting the worse case possibility.

              The power issue is a good one, thanks.

              TrulEConcerned
              Flatchatter

                I am in NSW, so can’t help much other than ask if you have you looked at the legislation

                at Part 9 mention is made of “Adjudication Generally”.

                if you have not, then that would be a good start.

                (Of course you may well have already seen the legislation).

                in reply to: Air Conditioning – application procedure #73080
                TrulEConcerned
                Flatchatter
                Chat-starter

                  @Jimmy -I hear you. It may not require a special resolution. But what of my query about the level of detail to be supplied. Can an OC blindly wave through an application to install without propert documentation from the installer? All we have is a short very informal email.


                  @chesswood
                  – you make a good point. Thanks.

                   

                  in reply to: Strata records – said to have gone missing #73055
                  TrulEConcerned
                  Flatchatter
                  Chat-starter

                    A key reason why records are “unavailable” is that there are no penalties imposed on SC members for:

                    1. Not storing documents securely; or for

                    2. “Misplacing” or “losing” documents over time when the SSM Act requires (at least) 7 years of paperwork be kept. Surely the onus is on the SC as they prepare agendas, host meetings and prepare minutes with or without the aid of a strata manager (who in my experience always say they are mere “agents” of the SC/OC and deny liability). It is reasonable to assume even if SC members past or present do not have hard copies of documents – a long bow I agree – surely they have electronic copies which they should be compelled to share.

                    I recall one scheme I was involved with that required me to go to NCAT in order to be allowed to inspect the books at the strata manager’s office.

                    When I got to the office I was given the books and was appalled that many pages were ripped out of the Minute book. Naturally when I confronted the agent and the SC, each pointed the finger at the other.

                    If memory serves me well, I even photographed the partially denuded minute book.

                    As to digital records – the problem with that is that a cunning committee member or members will not hold properly constituted meetings for as long as he, she or they can. That means that decisions of the SC and possibly OC will be informal and w/out an agenda or minutes and hence w/out a record.

                     

                    in reply to: Terms of appointment for compulsory strata manager? #73058
                    TrulEConcerned
                    Flatchatter

                      A few years ago I applied in NSW for compulsory strata mgt.

                      I recall applying under s. 237 and s. 232 with the attitude that if NCAT believes that orders I sought under s. 232 were superfluous, either staff would tell me when I filed the papers or the Member at the hearing would tell me.

                      What helped and will help you is if you – BEFORE FILING WITH NCAT – can identify a strata managing agent happy to take on compulsory strata mgt. If so, get him to send you his proposal which should:

                      1. Include a letter from him addressed to NCAT informing that his firm is happy to take on the role for a term of 1 year (this can no doubt be extended); and

                      2. His contract detailing the terms ie cost etc of the compulsory appointment.

                      Include those papers with your documents when you file at NCAT.

                      Note: many applicants assume that if they seek a compulsory manager then NCAT will pick a compulsory strata mgr for them. I don’t know how common an approach that is, but do know that if the applicant identifies a strata mgr and includes the papers listed above in the filing, then it’ll be straight forward for NCAT to order that particular strata firm if NCAT makes a s. 237 order.

                      My observation for what it’s worth: Do not assume that NCAT will hand down an order under s. 237. In my case NCAT did not, citing that to do so “is a very big deal and is the exception and not the rule” when an applicant comes seeking it. NCAT seems to want matters sorted out b/w the warring parties in a civilised if not amicable manner (no matter how long it takes) rather than hit the nuclear option of s. 237.

                      Just my 2c.

                      in reply to: How can I find our previous Strata Manager? #73010
                      TrulEConcerned
                      Flatchatter

                        I just looked at the SCA website and they have a directory of names but it’s in company names not individuals.

                        You could do the following:

                        1. Go to the Contact Us button on the SCA website and email your concern; or

                        2. Call the SCA and say you understand she worked as a strata manager but you don’t know where. The SCA may or may not have her details depending on whether she’s a member of the SCA; and

                        3. I would not volunteer your strata plan details or that you’re unhappy with your current manager, who if he’s a member of the SCA, why would the SCA help you dismiss him?

                        As to your unhappiness with your strata manager. Do not assume the next manager will be any better.

                        Good luck!

                        in reply to: OC back-dating insurance charges on studio #72987
                        TrulEConcerned
                        Flatchatter

                          Hi,

                          I’m with Jimmy.
                          Your post is extremely confusing and unclear. As Jimmy recommends: use bullet point, focus on the key issue and re-post the problem. I don’t know where to begin with my queries, so here goes:

                          1. The by law you refer to, who prepared it?

                          (a) The strata committee?
                          (b) The OC’s lawyer?
                          (c) The studio owner’s lawyer?

                          2. Was it registered?

                          3. As the studio gave the relevant lot more usable space and possibly increased the risk profile for the strata scheme, was a redistribution of unit entitlement (“U/E”) attempted or even considered by the OC? If not, do you know why?
                          If a redistribution was undertaken and a reasonable determination was arrived at then liability for insurance premiums would be a function of U/E. This is separate from any other term or condition of the by law.

                          Note:

                          A. Note, in recent weeks I have been reading up on by laws and understand they CAN be amended retrospectively by the OC. I have not checked if such amendments have a time bar on them; and
                          B. You misunderstand who or what is liable as user of the studio: as I see it, in most by-laws it is not the owner of the lot at one point in time eg when the by-law was voted on or register which is the person responsible, rather it is the lot’s owner, which over time will change as people move in and out.

                          • This reply was modified 3 weeks, 5 days ago by .
                          TrulEConcerned
                          Flatchatter

                            Often in a multi story building, the OC determines

                            (a) how often to recarpet a common area (say every 6 yrs);

                            (b) How much money per floor to allow for said recarpeting; and

                            (c) What colour/style the carpet should be in order to be uniform in the building.

                            If say the OC allows $2,00o per floor, in your case it’s $1,000 per lot every 6 years, then so long as each floor is given such an allowance every say 6 years (adjusted for inflation), it doesn’t matter if one floor changes carpet today and another floor does it next year etc. Records will be kept of when a floor replaced a carpet. If owners of a floor want say a $3,000 carpet then they will have to top up the $2,000 allowance given to that floor.

                            The OC should stipulate that only well known carpet suppliers & layers can be used. Using such a commercial firm will ensure correct underlay is used and good quality workmanship will be provided.

                            in reply to: Noisy families leave me floored #72825
                            TrulEConcerned
                            Flatchatter

                              Good afternoon andyj,

                              I just came across this post and below are my views, having been in a similar situation some years ago. Lucky for me I did not have to go to NCAT to resolve it.

                              1. Take Jimmy’s advice regarding a log of noise and statutory declarations from others attesting to the noise;

                              2.Look at the by-laws. (a) Usually there is a By-Law on noise, such as “non wet areas are to be covered so that transmission to other lots is minimised”. Or similar wording. Jimmy was correct to point out that “carpeting” per se is not usually mentioned (as I wrote in error); and (b) There is a By-Law on lot owners or occupiers having the right to peaceful enjoyment (i.e. not be disturbed);

                              3. Given a NTC (with one By-Law) was issued, you should seek the strata manager issue a NTC on the other By-Law;

                              4. Echoing Jimmy, I recommend you seek mediation via NSW Fair Trading (apply online). I suggest you apply for mediation with the neighbour for the noise. Apply separately for mediation  and with the OC for failing to enforce the By-Laws.  When the NTC was ignored by the trouble maker, the OC via the strata manager should have taken him to NCAT to seek a penalty. The OC and strata manager it seems have not complied with their obligations. I draw your attention to the following parts of the SSM Act: s. 135; 146 & 147.

                              NSW FT may come back to you indicating they prefer both applications be rolled up into one. If they say that, then follow their advice. I suggested the two applications because you can always combine them without losing time or your place in the listing of cases awaiting mediation. I think it’s tougher for you to apply for one mediation and later add another (related) application expecting both to be heard on the same day or close together.

                              I would not use a lawyer at this time.

                              For mediation you’d be wasting your money as the lawyer will charge to prepare the case and who knows? The other side may not turn up. They don’t have to appear at mediation. Also, Fair Trading does not expect lawyers at mediation.

                              If the other side fails to turn up or they do turn up but there is no agreement, your next step is NCAT.

                              Possible problem: even if you win at NCAT it is rare that costs are awarded, so you’ll be out of pocket who knows how much. Also when considering lawyers, you should get someone who focuses on strata law.

                              Just my 2c.

                               

                              in reply to: Get out of jail free card at NCAT? #72788
                              TrulEConcerned
                              Flatchatter

                                Paradise:

                                1. Jimmy is correct about FT not investigating strata matters per se but recommending (as FT recommends) that you go to NCAT (when complaining about the OC ie strata matters);

                                2. But if you complain as I did to FT about the strata agent’s conduct, then FT will investigate (and this complaint is free of charge). From my experience, NCAT is not the forum for such allegations to be tested;

                                3. Noting FT is not an advisory service but merely an information facility,  there’s no harm asking FT what your options are when say yes, you were granted the right to inspect records, but many records were not available for viewing. Were some held back? Lost? If so, by who? Is anyone fined for breaching s. 180 (see below)?

                                STRATA SCHEMES MANAGEMENT ACT 2015 – SECT 180

                                Certain records to be retained for prescribed period

                                180 Certain records to be retained for prescribed perio

                                (1) An owners corporation must cause the following to be retained for 7 years–

                                (a) any records, notices and orders required to be kept under this Division or Part 10 of the Strata Schemes Development Act 2015 ,

                                (b) minutes of meetings required to be kept under Schedule 1 or Schedule 2,

                                (c) its financial statements and accounting records,

                                (d) copies of correspondence received and sent by the owners corporation,

                                (e) notices of meetings of the owners corporation and its strata committee,

                                (f) proxies delivered to the owners corporation,

                                (g) voting papers relating to motions for resolutions by the owners corporation and to the election of officers or the establishment of a strata renewal committee (under Part 10 of the Strata Schemes Development Act 2015 ),

                                (h) a copy of any signed strata managing agent agreement or building manager agreement entered into by the owners corporation,

                                (i) records given to the owners corporation by the strata managing agent relating to the exercise of functions by the agent,

                                (j) any other documents prescribed by the regulations for the purposes of this section.

                                <small>: Maximum penalty–5 penalty units. </small>

                                (2) The regulations may prescribe a different period for which any or all of the things referred to in subsection (1) are required to be retained.

                                4. Trash the idea of a solicitor and a summons. IMHO it’s money down the drain. Yes that may be a means to secure the documents you want, but what if the agent agrees to give them to you only to admit, when handing them over, that “we’re sorry but some (maybe most) are documents are missing, lost, borrowed and not returned”, see (3) above.

                                5. While FT is limited in what it can do regarding the SSM Act, it is the case with most consumer complaints (I am not sure if strata falls under this as well), that the more complaints the better for consumers. It used to be that if a company is complained about 10 times in a month, then that company is listed on a register available to be viewed online by anyone. Of course a company, eg a supermarket with many outlets is more likely to get 10+ complaints per month than a strata agent UNLESS you convince your neighbours to file a complaint themselves.

                                in reply to: Which insurance should we choose? #72776
                                TrulEConcerned
                                Flatchatter

                                  From memory, damage to stove could be covered by landlord insurance but not maintenance or replacement due to old age. The original stove may have been OC responsibility, but not any subsequent stove.

                                  When looking at strata insurance you need to get the PDS (Product Disclosure Statement ie policy papers) which often come with a summary of what is covered (eg building, catastrophe cover etc) and to what degree.

                                  Decide what you want covered (some items are optional) and to what degree (i.e. how many $ of cover).

                                  Then compare the above items across several insurers. I say “several” because there are many different insurance companies,  but ultimately only a small number (3?) of giant organisations run the insurance market in Oz. The high price of insurance is very much a function of the absence of competition.

                                  • This reply was modified 1 month, 1 week ago by .
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