Body Corporate Voting Rules - What You Can and Can't Do

By admin,

How are votes counted at an extraordinary meeting with electronic voting and pre-voting before an EGM? The BCCM explanatory note mentions counting votes for amending motions but not counting votes on the amended motion. Those who precast their vote before the meeting are deemed to vote against the amendment. But, if an amended motion is subsequently passed, how are the pre-votes counted? Are they discarded because now, it’s a different motion?

Combustible Cladding and Cladding Safety Victoria (CSV)

By admin,

We are a class 1 building of 2 storey with a party wall between the 10 townhouses. We have a fire engineer's report stating there is 9% ACP cladding on the building. Our owners corporation has told us our insurance company has declined our insurance renewal and other insurance companies are refusing to insurance us as well. How do we organise insurance?

Common Property and Strata Repairs - Who is responsible?

By admin,

We are commercial tenants of unit A in a commercial strata complex. According to a licensed electrician, for safety and compliance reasons and to ensure sufficient power without interruption, the power board for our lot is full and requires an urgent upgrade. Unit B’s power comes through our power board as well. Unit B has a meter and contributes to power usage but has no power source of its own. This is noted on the Certificate of Title.

Is the strata company or the owner/landlord responsible for the cost of the upgrade?

Strata Insurance and AGMs for a Small Owners Corporation

By admin,

Our owners corporation (OC) is a three lot subdivision in Victoria. Thanks to the developer, our lot entitlements are not split equally.

We recently voted to insure our lots individually. The OC will insure the common property grounds, e.g. the driveway, subterranean stormwater and sewerage, mailboxes, smart meter box and boundary fence.

Special levies at first meetings: do developers have the power to enforce them?

By admin,

The power of attorney clause in our purchase contract states that, for the first year, the developer can exercise our voting rights. At the first meeting, a special levy for security fees was introduced to cover the remaining cost of the security company’s contract. The developer engaged this company during construction, and the security company owner is related to the developer.

Do lot owners have the grounds to refuse to pay this special levy for security?

Exclusive use or special privileges bylaws

By admin,

I own and lease out a unit in a 1970s WA strata scheme. Our 30 common property carports have never been registered with Landgate for the exclusive use of the respective unit owners. I have obtained one quotation of $14,000 from a licensed surveyor for necessary survey work to accompany the application to Landgate.

Are there less expensive alternatives that would satisfy Landgate?