Can a body corporate committee member vote if they are unfinancial for one of their lots?

By admin,

A body corporate committee member owns thirteen lots in our body corporate. They have paid the levies for twelve of their lots, but one remains unpaid. This lot is tied up in the settlement of the unit’s sale with the unpaid levy.

The committee member is financial for the unit they represent on the committee. Can they still vote in committee meetings, or is there any issue with them technically being unfinancial for one unit?

What requirement is there for elected executive committee members to attend EC meetings?

By admin,

A member of our Executive Committee regularly does not attend meetings. They do not attend in person or online, nor do they organise a proxy to attend in their place.

What requirement is there for elected members to attend EC meetings now that the legislation has been amended to allow for online participation? The Act appears to be silent on this issue.

What can owners do when levy notices from their strata manager contain no detail?

By admin,

Owners in my owners corporation are charged very high strata fees for a building without amenities and poor security. Our levy notices do not contain any detail apart from a reference to special levies. Our strata management company literally does nothing.

Must owners corporation committee members refer matters to a general meeting if they don't reflect the will of all owners?

By admin,

The Owners Corporation Act 2006 at section 117, "Duties of members of committees and sub-committees", requires, in addition to (a) acting honestly and in good faith, and (b) exercising due care and diligence, that they:

  1. act in the interests of the owners corporation.

Does (c) mean:

Defamation in Owners Corporations Communication

By admin,
GET NOTIFIED WHEN WE PUBLISH NEW Q&AS, NEWS AND ARTICLES TO THE SITE

I am in NSW and would like to know what my options are regarding the Strata Manager sending an email to all members of the Strata Committee critical of my performance as a former Chairman and advising the SC that they should block all future emails from me to the SC.

Steps to Sell Off or Purchase Common Property

By admin,

We have an area of the common property which has never been used since the original SP was established in 1975. We would like to sell this area (approx 190 m2) to a neighbouring property, with the proceeds going to our Capital Works fund. However, we are not sure about two issues:

  1. Would the Owners Corporation be liable to pay income tax and/or GST on the proceeds?
  2. Due to the change in our property boundaries, would legal or conveyancing changes mean a change to each of the 20 lot owners' titles?

Key Safe, Doors and Access Keys

By admin,

Our property in an apartment block is managed by a property manager. Our committee are conducting an audit on access fobs/swipes/remotes. They've asked residents to make an appointment to present their fobs for the audit, or the fob will be disabled. The property manager has a fob, their office isn't nearby, and they can't attend the audit.

Difference Between House Rules, Rules and ByLaws

By admin,

What is the current status of house rules in the ACT? Are house rules mentioned in the legislation at all? Can owners corporations have a set of non-registered house rules, or have they been phased out in favour of registered alternative rules?

If house rules lack enforceability, can the executive committee still send letters to residents requesting that they stop activities that violate these rules? Or does this action only become possible if the rule is a registered alternative rule?