Question: A few years ago, our EC implemented a trash pak service for green waste. With the ACT Gov free green bin service, not many lot owners are still using the trash pak. Do all owners still need to pay for the trash pak service?
A previous Executive Committee (EC) in our Strata complex approved getting a trash pak service for our green waste many years ago. Everyone (regardless of whether or not they use it), is charged for it equally. Recently the ACT Government introduced a Green Bin service in about 2019. Some owners in our complex opted to get green bins, and not use the trash paks.
However, the current EC refuses to exempt these owners from the trash pak fees, because all the anti-binners are on the committee. There are a handful of owners who are opposed to using trash paks due to their own personal needs. It is possible to add these fees as a levy to the owners who want them, and not charge the others.
The trash paks are currently in a common location and one excuse is that they can’t police who is using them. It has been suggested that those who want trash paks can get their own service with the paks stored on their own property, so that no one else will have access to them, negating the need to police them.
Can the committee force owners to pay for a free govt service, against their wishes?
Answer: Shared areas and services are common and although not every owner might make use of them, they are still required to pay a portion of the service through their levies as agreed at the AGM.
If the Trash Paks are located in a shared waste room/area they are the responsibility of all Owners; if that’s the decision of owners at the AGM.
Shared areas and services are common and although not every owner might make use of them, they are still required to pay a portion of the service through their levies as agreed at the AGM.
Should you believe it is financially beneficial for your complex to cease use of the Trash paks, and instead, organise shared Green Waste bins via Access Canberra, we suggest this be discussed with all owners at the next AGM. Questions to consider would be:
- Are there benefits to the trash paks rather than the Green Bins?
- Will it encourage residents to maintain their gardens more?
- What changes will need to be made to the budgets?
Ultimately, the cost forms part of the annual budget which is proposed at each Annual General Meeting. This discussion should take place at that meeting.
This post appears in Strata News #551.
Mark Zezulka ACT Division Manager Civium Communities E: mark.zezulka@civium.com.au