483. The OC must fix it, but not necessarily your way
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This week, Reena Van Aalst and I discuss a strata fact that can be hard for owners to hear: yes, the owners corporation must fix the common property, but no, you don’t get to dictate every detail of how that happens.
We also tackle the challenge of a committee changing their meeting location at the last minute, and a tenant applying the scattergun approach to their damages claim.
Links Mentioned:
- Get the transcript here!
- Section 24 | Order invalidating resolution of owners corporation | Strata Schemes Management Act 2015 (NSW)
- Section 25 | Order where voting rights denied or due notice of item of business not given | Strata Schemes Management Act 2015 (NSW)
- Section 38 | Acts and proceedings of strata committee valid despite vacancies or defects | Strata Schemes Management Act 2015 (NSW)
- Section 106 | Duty of owners corporation to maintain and repair property | Strata Schemes Management Act 2015 (NSW)
Do we default to common law precedents if the Act is silent on something like where a meeting we’ll be …. i feel Reena is right that we do. Let’s not go thinking the Act is a comprehensive list of dos and do nots. Why is the secretary calling a meeting if Reena is the appointed agent? Did i miss something?
Hi Stephen,
Thank you for your comments. I encourage you to post these as questions inside our Member’s QandA Forum for Amanda’s attention and answer. Your access is here: https://forum.yourstrataproperty.com.au/.
You will see there is a Forum thread for this specific podcast. I suggest you post your questions there. If you need help posting, feel free to reach out – we’re happy to assist.
Regards,
Richelle
YSP Team