Asbestos and Painting

PROJECT BACKGROUND

Colour Scheme Change: It was resolved, by Special Resolution, to change the colour scheme for the complex. 

Asbestos Review: It was resolved to undertake an asbestos audit review every five years.

KEY POINTS

• Private property not maintained
• ​One unit had not completed the painting project in the required timelines
• This same unit was also referenced in the asbestos audit as having maintenance issues that needed to be addressed
• The owner had not visited their property in recent years, lived interstate and did not have the ability to manage this project
• MBCM Strata Specialists Chelsea offered to assist owner with all required property maintenance to improve the overall appearance and address the safety issues around asbestos repairs
• However, there were some legal hurdles that had to be navigated before MBCM Strata Specialists Chelsea could undertake a private property project

LEGAL

To undertake a private property project approval must be sought under Section 12 of the Owners Corporation Act.

Section 12 Provision of services to members…

(1) An owners corporation, by special resolution, may decide— (a) to provide a service to lot owners

Roadblock

A Special Resolution can take up to four weeks to pass via a postal ballot. In a complex of this size (40 Lots) a quorum may not be achieved.

GOING FURTHER

To assist the owner with this project we issued a Section 48 Notice to Maintain.

Section 48 Lots not properly maintained

…. the OC may serve a notice on the lot owner requiring the lot owner to carry out the necessary….maintenance or other works….. If a lot owner….has not complied with the notice within the required time, the owners corporation may carry out the necessary… maintenance or other works to the lot…. An OC may recover as a debt from a lot owner the cost of repairs, maintenance or other works carried out….

Once the Section 48 Notice to Maintain was issued the owner notified us that they gave approval for MBCM Strata Specialists Chelsea to commence a private property project on their behalf.

PROCESS AND OUTCOME

MBCM Strata Specialists Chelsea sought quotes for painting and the asbestos work

• The owner reviewed the quotes and provided approval to proceed
• Levies were raised to the lot owner
• Work was scheduled in with the managing agent and tenant
• The job was completed to the satisfaction of the owner and with minimal inconvenience to their tenant

MBCM is currently managing our body corporate and has been for approximately 18 months. We have been very impressed with each and every staff member we have had the pleasure to deal with. they have been friendly, professional and highly knowledgeable of the regulations and requirements of an owners corporation. Their prompt advice and support with difficult issues and respectful approach to difficult people has been exemplary. We highly recommend MBCM to anyone looking for an owners corporation management team. We look forward to continuing our happy working association with them.

David & Heather, Chelsea

Thanks for sending through the photos – work done looks great!! A very big thankyou to yourself and Di for organising / arranging / checking etc – it is very much appreciated.

Jodie, Owner

This office helped our Owners Corporation through a contentious issue and trying time. Dianne and the team provided very professional, informed and respectful support. This was despite another committee member’s extremely unprofessional and abusive conduct. We highly recommend the MBCM – Chelsea team and appreciate their professionalism and responsive service all year round.

Chris and Veronica, Lot owners