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Pet Application Form

Like most of you, we also love having a loyal companion by our side when we are at home. However, many establishments have strict laws on pet ownership, depending on the property.

Many properties will accept pets with a various different constraints. You will need to review your dwellings rules to establish what pet you can apply for.

DOWNLOAD THE APPLICATION FORM HERE

Be careful – Wrong jurisdiction means you can win, but still loose

The Supreme Court has recently ordered a lot owner who succeeded in litigation against an owners corporation to pay the owners corporation’s costs because the dispute between the parties could have been dealt with by NCAT. This is one of the first times a litigant has been punished by an adverse costs order for approaching the Supreme Court for relief which could have been given by NCAT. (EB 9 &10 Pty Ltd -v- The Owners – SP 934 [2018] NSWSC 464. )

Normally, the loser of a court case is ordered to pay the legal costs of the winner. This is the usual rule that applies to most litigation. However, in this case, the Supreme Court took a different approach. Even though the owners corporation lost the case, the Court ordered the lot owner to pay the owners corporation’s costs.

The strata legislation gives the NSW Civil and Administrative Tribunal (NCAT) broad power to resolve Strata disputes. This means that NCAT is able to make orders to resolve most types of strata disputes including disputes between lot owners and owners corporations. This reflects the intention of the NSW Parliament that NCAT should sort out most strata disputes, not the Supreme Court.

Get to know the Strata committee members roles and responsibilities.

!Being elected to a Strata Committee (SC) can be an actually life-changing decision so owners should ensure that they know and make sure that they become fully prepared for what’s involved.

Under the NSW Strata Schemes Management Act 2015 the chairperson, secretary and treasurer have certain functions, some of which are listed below:

Chairperson

  • Presides at all meetings (takes the helm)
  • Conducts meetings (keeps things moving along)
  • Decides on issues relating to voting and procedure
  • Does not have a deciding vote

What sort of person would make a good chairperson?

  • A born leader and/or good organiser
  • Experienced in management
  • Skilled in dealing with people
  • Diplomatic in nature
  • Able to keep things moving without appearing dismissive or abrupt
  • Has a relatively thick skin (to handle the odd bit of abuse that willcome)
  • Has a certain amount of self-confidence

Secretary

  • Convenes the Strata Committee meetings and General meetings (except for FAGM)
  • Prepares, takes and distributes minutes of all meetings
  • Gives notices for the owners corporation and the strata committee
  • Provides information to the treasurer for the S184 Strata Information Certificate
  • Attends to correspondence on behalf of the Owners Corporation
  • Maintains administrative and secretarial records of the Owners Corporation
  • Maintains the strata roll

What sort of person would make a good Secretary?

  • Good organiser and very methodical
  • Experienced in time management

Treasurer

  • Issues levy notices
  • Receives and banks monies on behalf of the owners corporation
  • Prepares section 184 strata information certificates
  • Prepares financial statements and other financial records
  • Maintains accounting records
  • Provides information to help determine what the levies will be
  • Helps to determine the scheme’s future expenditure for the capital works fund

What sort of person would make a good Treasurer?

  • Good organiser and very methodical
  • Good at maths and numeracy
  • Accounting knowledge would be advantageous but isn’t essential
  • Computing skills, although not essential, would be handy
  • Trustworthy

Strata Committee members

Being elected to a Strata Committee (SC) can be an actually life-changing decision so owners should ensure that they know and make sure that they become fully prepared for what’s involved.

It is the duty of each member of a strata committee of an owners corporation to carry out his or her functions for the benefit, so far as practicable, of the owners corporation and with due care and diligence in accordance with section 37 SSMA.

Being a member of the strata committee is no longer just turning up for an occasional meeting or just approval quotes.  It’s not a decision that can be made lightly especially if your scheme has chosen a raft of issues that it could be facing.  These days strata meetings take a vast amount of time, effort and responsibility considering the ‘highly-legislated’ days we live in and the amount of legislation and regulations that now pertain to an Owners Corporation.

For some owners corporation’s being an Strata Committee  member means fronting hostile meetings with screaming, constant verbal abuse or even threats of assault.   Members are there to make decisions that are for the benefit of the owners corporation and not individuals.  Thereby passing difficult motions like,  one of the Owners  needs to be sued as they are unable to pay their levies even though it WILL create even more financial hardship on that owner,  or that why dose it take so long to get things fixed ( its been 24 hours) .

At the very least the meetings may be quite lengthy, there may be many controversial decisions, there’s no pay for the untold hours you’ve spent in the job not to mention the odd uncomfortable moment when you cross paths with someone who detests having to pay the capital works fund levies or with the owner who hates the colour the building was painted.  In an instant you, as a committee member, can become the target for everything that owners don’t like.

A vast amount of the owners corporation’s duties can only be undertaken either by the Strata Committee or the Strata Managing Agent – See section 13 of SSMA 2015.

The Owners Corporation must elect a strata committee, if no nominations are made or if no owners are elected then the only alternative is that the Strata Manager is a appointed in accordance with section 237 of SSMA 2015 and under an Order from the NSW Civil and Administrative Tribunal ( NCAT).

If a strata managing agent is appointed by the Tribunal, or by an owners corporation on an order of the Tribunal, to exercise a function, the function cannot, while the strata managing agent holds office, be exercised by any other person.

 

Ten basic facts that most Strata Managers get WRONG

Painting of a balcony ceiling – This is considered Common Property and therefore Owners Corporation costs.

Security doors or flyscreens (if not installed by an owner) are considered Common Property and therefore Owners Corporation costs.

False Ceilings added after the registration of the Strata Plan – Are Lot Owners’ costs to repair.

Fences that show as Thick Line on the Plan are considered as Common Property and therefore Owners Corporation costs.

Trees – Any part of the tree that is contained within Common Property is deemed the responsibility of the Owners Corporation. Any part of the tree that is contained within a Lot is deemed the Lot Owners responsibility. If one tree is trimmed or damaged – cost is apportioned to the ratio.

Skirting boards and architraves contained within common property areas are to be maintained at the cost of the Owners Corporation.

Shower waste in the bathroom is considered as Common Property.

Bath plug waste and bath pipe to common property pipe is the responsibility of the Lot owner.

Shower Screen door – Cost of any damage is borne by the Lot owner (In many cases this can be claimed on the OC Insurance policy as Damage.)

Window Lock Keys within a Lot – Are to be maintained by the Lot owners at the Lot Owners Cost.