Does a 2 unit development with 4 part owners mean the owners corporation has 4 members per Division 2.3 (10) of the Unit Titles (Management) ACT 2011? As such can a poll vote be called by any member of the OC for an ordinary resolution per 3.15 (1)?
What is the number of votes required for a special resolution to pass? Is it two thirds plus one to be carried. In small developments where the number of units is not divisible by 3, how should this be calculated? Is it rounded up or down? 16 units (10.66) is 10+1=11 or 11 +1=12? 17 units (11.33) is 11+1=12 or 12+1=13?
Our body corporate operates under the Accommodation Module. Our letting agreement imposes a rather vague obligation on the caretaker/letting manager that he/she "will act fairly and lawfully and not discriminate between owners". Can you give any simple examples of what might be deemed unfair or discriminatory?
Our building is under the accommodation module. The caretaker is also the letting manager. Can the letting agent enter into an agreement with one or more owners to lease their units and then sub-let them?
Is the caretaker required to have a written agreement with the owner setting out this arrangement? We are concerned about preferential letting arrangements where the letting manager seeks to maximise their return from the sub-lets. Our letting agreement states explicitly that the letting agent will "act fairly and lawfully and not discriminate between owners".
Strata arranged a plumber on two occasions to investigate and repair a plumbing leak in the bathroom ceiling of my apartment.
The plumber concluded, as the leak was caused by our recently completed renovation, I am responsible for the charges I have been billed around $2000 for this work.
While I have no concerns the repairs are my responsibility, I’m concerned about the amount charged. The plumber attended after hours for a non urgent repair. Is strata able to authorise work to a lot before consulting the owner and then charge the owner for the work?
We have recently purchased a ground floor unit. There is damage to the ceiling in one bedroom. The damage originated in a unit on the top floor. Damage extends to a first floor unit and my unit. The owner of the top floor unit will not make the unit available for inspection to assess. They are adamant strata should pay, while strata say it's the unit owner's responsibility. Meanwhile, we have an unliveable unit and no time frame for assessment, let alone repair. Where do we stand?
An owner reported dampness in their bathroom ceiling to the strata manager. Two plumbers were organised to conduct multiple tests that all confirmed the dampness was caused from inside the property and was not a strata issue. The owner had a false ceiling with a ceiling fan that did not have an external outlet.
Who is responsible for paying for the investigation and repairs of dampness in the ceiling caused from inside the property?
There is a hot water leak under the slab inside one of the townhouses in our four-lot complex. The pipe with the leak is not common property, but deep under the slab.
Who is responsible? If this is the owner's responsibility, can they lodge an insurance claim?
At our last AGM, we had more nominations for the council of owner committee than positions. The election went to a vote. There was a call to have a poll vote. One owner has a large lot entitlement. Using his entitlements, a committee was voted in that was not the popular vote on the night. Is this legal in WA?
At our AGM a week ago, owners nominated to be on council and a vote was taken to decide which nominees would fill the 7 positions on council of owners. There were approx 35 votes and strata advised they could not tell those present who was on council. They took away all the paperwork and we are still waiting today one week later to find out who is on the council.