Can I force a body corporate manager appointment so I can sell my lot?

By Neziah,

I want to sell my lot in a 3-lot scheme. I've lived there for one year. The scheme has no committee, no manager and no budget.

I wanted to appoint an external manager to run the body corporate. The prospective manager told me I needed a majority vote. At a meeting, I lost the vote 2 to 1. Due to age and health issues, the other lot owners aren't interested. If one says no, the other agrees.

I can't supply a Form 33 disclosure because there's no authorised person to sign it, and even if I were authorised as a signatory, it would be a conflict of interest.

Can owners recover a large sum of unapproved committee legal spending?

By Neziah,

Our strata committee spent $100,000 on legal services. There was no resolution at a general meeting of the owners corporation, and no notification about the legal matter at an AGM or committee meeting.

Can those who spent the owners' money be held responsible? Can the costs be recovered? More generally, what's the responsibility for unauthorised use of owners corporation funds?

Can I install a smart meter to switch electricity retailers?

By Neziah,

Our apartment is on an embedded network plan for electricity. We want to install a smart meter at our cost that all retailers can read so we can shop around for a better deal. This assumes the installation wouldn't interfere with the other meters. We're also wondering whether the ACCC and EWON need to approve the change, and whether any strata regulations apply.

Can our strata committee approve free lobby advertising screens?

By Neziah,

We've been offered free installation of monitors in our lobbies by a media company. They'd carry building notices at no cost to the owners corporation, but they'd also display advertising. We want to know whether our strata committee can approve this and inform owners, or whether the owners corporation needs to formally approve it via a general meeting.

Who pays for water damage from rooftop terrace pot plants?

By Neziah,

The rooftop terrace areas of our building are occupied by two units, and Land Registry Services recently advised that these terrace areas are the property of the two resident unit owners.

Some lot owners contend that large pot plants holding large trees, and an irrigation system on the rooftop terraces, have damaged the rooftop tiling, leading to water ingress and damage to the lots directly beneath the rooftop. Hitherto, repairs to the rooftop terrace areas have been borne by the owners corporation.

Is strata liable for mould found between double glazed panes?

By Neziah,

Owners of a property with some double glazed windows claim that strata must pay for the removal of mould from between their glazing. They say the mould was present when they bought the property about two years ago, though the previous owners reported no problems. This is the first time the current owners have mentioned it.

Can I install child safety window screens without OC approval?

By Neziah,

Several lot owners in our 18 lot strata scheme wish to install fall-safe screens as child window safety devices in their units. The units currently have complying window locks, but these owners believe the screens provide additional protection without needing keys.

Our scheme has a by-law worded the same as the model by-law 2, and we're aware of section 118 of the Strata Schemes Management Act 2015.

Where does the committee stand on a disability door upgrade request?

By Neziah,

A disabled owner has requested an upgrade to the door from our parking area to the ground floor lift lobby. They have a damaged foot from an injury sustained before purchasing in the building. They request an automatic door opener using a coded disc. The present disc/tab releases the locked door but requires a manual action to open it.

Our committee is concerned because this current system applies to many other doors throughout the nine storey block.

Can strata pass air conditioning maintenance to owners?

By Neziah,

Ten of the 154 lots in our strata have air conditioning. Each air conditioning (AC) unit serves one lot. The strata plan, registered in 1997, does not mention them. The owners corporation (OC) has maintained, repaired, and replaced the ACs for nearly 30 years.

According to the common property memorandum, this is the lot owners' responsibility. For the OC to stop paying for the maintenance, repair or replacement, do we need a by-law?

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