The external walls and facade on one side of the units in our owners corporation have suffered from years of neglect and are now rotting and causing water ingress. The damage affects approximately 20% of lots due to the design of the complex. Different units have different levels of exposure (and different finishes) and likely slightly varying remediation/rectification requirements.
I bought a North facing apartment. Over Summer, the temperature of the window on a 29 degree day (with double blinds closed) measured 45 degrees.
The developer chose not to install awnings, and I had to cite the sustainability changes in the Act before the owners corporation approved my request for thermal film. External awnings aren't something the owners corporation is interested in. Nor will they do a heat audit of the building.
Recently we found out that an EGM was held to appoint a new strata management agent. We had no knowledge of the EGM or the proposal for new managing agents. The vote was in favour of appointing the new strata managing agent.
Is this meeting legal? I thought all owners must receive notification of an EGM at least 7 days prior to indicating the motions etc. At this stage, we still have no information about who the new agent is or what the fees will be.
I am 1 of the 3 Owners of a Strata Complex which is currently managed by a normal full-service Strata Manager.
To save on Management Fees, the other 2 owners are contemplating effectively cutting out the Strata Manager and self managing. I am totally opposed to this.
What are my legal options for stopping this from happening?
Were looking to appoint a new Strata Manager and have received quotes. Some companies have offered us a no lock-in contract. Is this type of contract legal?
Why would a Strata Management Company offer a no lock-in contract and what type of advantage would this provide the Owners Corporation?
I am a member of a strata executive committee of five. Independently, one executive member has called an electronic general meeting proposing a motion to terminate our current Strata Management and appoint a new Agent. I was emailed a notice of this meeting, and am unaware of whether or not all owners have been notified.
The meeting notice was accompanied by the new Strata Managing Agent's proposal. We have a legally binding 3 year signed agreement with our current strata manager and would need to pay out the agreement until terminated in 2 years and 3 months.
Our Management Agreement was for 12 months expiring in mid-February 2022.
In early December 2021 an AGM was held. There was no Managing Agent Agreement attached to the Agenda.
Minutes of the December, 2021 stated:
I know for certain that I and one other owner - 5 owners in total with equal entitlements - have never received a copy of the alleged renewed 3-year contract.
I’m new to owning a strata lot and new to being on committee. A new managing agency agreement was presented at our AGM and quickly accepted. There was no real discussion around the decision. The agreement was later sent to two committee members for signing. When I had a chance to take a close look at the MAA, I discovered the current agreement still had 12 months to run.
In reading many Strata Service Management Agreements (The Contract), I noticed most have a clause that says “The Agent is not liable to the Owner, including without limitation for breach by the Agent of this Agreement, (except as otherwise required by law..”
It all sounds like Strata Managers can do whatever they like and get away with it.
In reading this, I cannot think of any way the Agent can “breach” the contract.
Are there cases where Strata Management Agency breach the contract?