Videos from Our Team
STRATA VLOG | Resources for your strata community that could help resolve disputes
The truth is, neighbourhood disputes could occur in a strata community development. What your strata community must do is simply consider these disputes as part and parcel of strata community living that should be dealt with by using resources that help resolve them. Here are 5 resources of your strata community that could help resolve disputes. 1. Chart with a diagram of the dispute resolution procedure Creating a chart that illustrates the dispute resolution process, and a copy of that chart being issued to all owners and residents will contribute to a clear chain of communication and documents that are relevant in the dispute resolution process. 2. List of legal requirements to the dispute resolution process The source of a list of legal requirements to a dispute resolution process for your strata community will depend on the legal requirements of your relevant state or territory. Create a list of these legal requirements so that it is clear to the parties of the dispute why particular documents and steps are required to be presented or produced. 3. Last annual general meeting or committee meeting minutes At the last annual general meeting or committee meeting of your strata community, it would have been decided whether your community, any office bearer or manager are given particular delegated powers to deal with the dispute resolution process. It is prudent that the delegated powers are determined before the commencement of the dispute resolution process so that all decisions made in relation to the process are legal, which ultimately avoids wasting time and money of the strata community. 4. Platform to hold the dispute resolution meeting Whether it is face to face or through any electronic platforms, such platform for the dispute resolution meeting should be easily accessed by the parties so that there is a fair opportunity for all parties to attend that meeting. That way, the parties are given fair opportunity to be heard, negotiate and resolve the dispute. 5. Plan of subdivision and title extract The strata community should obtain a copy of the plan of subdivision and title extract to make sure all parties are aware of their role in the community. By being aware of the boundaries, contributions and entitlements, including the membership, the parties are provided clarity on their membership, obligations and rights in the strata community. For legal guidance on your Strata&Subdivision, contact us at firstname.lastname@example.org or call us at +61 1 300 072 626 Connect with us on our social media platforms: Facebook Account | https://www.facebook.com/rcco.lawyers.77/ Facebook Page | https://www.facebook.com/rcncolawyersfirm LinkedIn Account | https://www.linkedin.com/in/rccolawyers/ LinkedIn Page | https://www.linkedin.com/company/rc-&-co-lawyers/ Instagram | https://www.instagram.com/rcco_lawyers/ Tiktok | https://email@example.com?lang=en Youtube | https://www.youtube.com/c/RCCOLawyers Listen to our Podcast in: Spotify | https://open.spotify.com/show/5DX06bVoJQcLdxhcmbPOGk iTunes | https://podcasts.apple.com/us/podcast/strata-life/id1590975355 Google | https://podcasts.google.com/feed/aHR0cHM6Ly9tZWRpYS5yc3MuY29tL3N0cmF0YWxpZmVhdS9mZWVkLnhtbA== Read our Weekly Blogs: https://www.rccolawyers.com/blog
The Major Breaches of Contract
A breach of contract occurs when one party fails to fulfill one or more of its contractual obligations. A breach can occur when a party fails to perform on time, fails to perform in accordance with the agreement's terms, or fails to perform at all, depending on the circumstances. It can be difficult to determine whether a contracting party has broken the terms of the agreement. This ambiguity is frequently caused by a contract that was poorly drafted or designed at the outset. A party can, however, breach a contract in a variety of ways. If you are a party to a contract that has been breached in one of the four ways listed above, you must determine what remedies you can seek from the party who has broken the contract. Contact us for legal advice.
STRATA VLOG | Crucial documents that your strata community must retain
Part and parcel of strata community living is compliance with the rules and regulations and management of the same. This requires good governance and retention of important documents by the strata community. 1. Plan of subdivision A copy of the plan of subdivision should be retained because it not only provides the boundaries (what is common property and what is private property), it also gives guidance on who should contribute to the costs of the strata community expenses. It will be very difficult for the strata community to operate if it does not rely on its plan of subdivision. 2. Minutes of meetings or ballots To make sure all decisions of the strata community are validly passed (which means the strata community was legally authorised to make decisions) evidence of those decisions should be recorded on meeting minutes or ballots. The absence of recorded decisions in minutes could open the strata community to risks of acting without legal decisions being made. 3. Financial statements In annual general meetings of a strata community, financial statements are presented. This document records, based on the previous financial year the following: strata community’s expenses, collected levy payment from the members or arrears of members. It also details the breakdown of the proposed budget for the upcoming financial year. A copy of the financial statements from previous and current financial years must be retained for the obvious reason that there must be evidence available to all members to demonstrate how the funds collected from them have been and will be spent. 4. List of members’ names, postal address, email address and contact number It goes without saying that the strata community must have an accurate list of all its members’ names, postal address, email address and contact number so that they receive all documents of the strata community. We emphasise the word accuracy. If the strata community does not have the members’ accurate details, consequently, the member would not receive the documents and in turn the member would not be able to pay their contribution levies that adversely impacts the strata community’s budget and compliance with their legal obligations. 5. Contracts The strata community, must at all times, retain a fully signed copy of all agreements and contracts that they are a party. Further, they should keep track of when the contract ends, so that they could appropriately consider their financial and contractual obligations in the coming financial years. For questions in relation to matters strata, contact us at www.rccolawyers.com or call us at 1 300 072 626 #strata #stratalawyer #stratalife #stratamanagers #stratavlog #rochellecastro #rccolawyers #australia
STRATA VLOG | 5 techniques on how to hold a productive general meeting
We previously shared with you the techniques on how to hold a committee meeting. This episode is different because we will be sharing with you the techniques on how to hold meeting with a larger crowd, the crowd where all the members of your strata community are invited to attend and vote – the general meeting. For questions in relation to Strata, do not hesitate to contact us. www.rccolawyers.com firstname.lastname@example.org 1 300 072 626 You may visit our other social media accounts for our daily postings.
STRATA VLOG | 5 Techniques on how to hold a productive committee meeting
Of all the meetings that your strata community holds, it is the committee meetings that you will hold the most. This is because committees make the decisions on daily operations of your strata community. So, it is important to know effective techniques on how to hold your committee meetings.
Changing the External Appearance of Lots
Lot owners have a right to enjoy their private property. Part of that enjoyment includes changing the external appearance of their lot. However, if their home is affected by an Owners Corporation, Section 5.2 of the Model Rules requires that an owner or occupier of a lot must obtain the written approval of the Owners Corporation before making any changes to the external appearance of their lot. But that approval that is to be obtained from the Owners Corporation is not at the sole discretion or full discretion of the Owners Corporation because section 5.2 subsection 2, of the Owners Corporation model rules, provides that an Owners Corporation cannot unreasonably withhold approval, but may approve subject to reasonable conditions to protect quiet enjoyment of other lot owners, structural integrity or the value of other lots and/or common property. This means that it would be prudent were required for a lot owner to obtain the necessary planning permit and or building permit and before approaching the Owners Corporation. In that way, the lot owner can present to the Owners Corporation that the changes to their lot are approved by other relevant authorities. If approval is not provided by the Owners Corporation for the external appearance change of their lot, such decision would likely be found unreasonable. If there are questions that you may have or you require legal guidance in respect of changing the external appearance of your lot, please do not hesitate to contact RC & CO LAWYERS.
STRATA VLOG | Ways to resolve a water leak issue
Find out how to resolve your water leak issue. Contact our property law specialists to advocate your water leak rights. If you need help in any matters strata law, please contact us at www.rccolawyers.com or call us at 1 300 072 626. #propertylawyer #strataandsubdivision #stratalawyer #strata #rccolawyers #rochellecastro #stratamanagement #stratamanagers #lawfirm #legal #Australia #stratacommunity #stratavlog