Car Stacker Service Agreement
These proposals and vote totals are the final record of what owners asked for. They do not change the agreement until they have been put to the council as an amendment.
01Purpose
The Owner wishes to participate in the coordinated servicing and maintenance program for the car stacker associated with the Owner’s lot.
What happens when a stacker user wishes to sell his property.? The Strata Plan states in bold lettering that the stackers are common property. Then the purchaser discovers that Strata claim they are lot property. A declaration by Strata has no legal standing. There is a recognised process to change the status of stackers. Legally they are still common property, so any additional disclosure document to say otherwise would be false and misleading.
Why: A work around the law s needed to prevent sale offers being withdrawn or challenged due to misleading information. Most Settlement Agents would pick this up.
02Limited appointment
The Owner appoints the Strata Company as the Owner’s agent solely to obtain quotations, engage appropriately qualified contractors, coordinate access and arrange inspections, routine servicing, maintenance and repairs for the car stacker. The Strata Company may include the car stacker in coordinated or bulk service bookings without obtaining separate approval for each routine service.
Strata is prepared to pay from the general fund the initial cost to setup the new service agreement with Phoenix as it was Strata that cancelled the previous service agreement in February.
Why: This was originally quoted at $4,000 plus. Maybe much more as individual records and charges will apply this time.
The Strata Company may include the car stacker in coordinated or bulk service bookings without obtaining separate approval for each routine service.
The strata company can book group servicing once the Owner agrees in writing to the contractor, work, frequency, shared costs and maximum price, including GST and admin fees. Price increases or major changes need written approval, except urgent safety work under clause 5.
Why: Bulk coordination is helpful but the automatic booking authority doesn't have a price ceiling and is an endless line of credit. Same goes for clause 6.
03Servicing frequency
The Owner agrees that servicing is ongoing and will be arranged annually, or other such time as required by the Service Contractor, or more frequently where reasonably required due to the condition, operation, contractor recommendation, safety requirements or applicable legal obligations relating to the car stacker.
04Owner’s responsibilities
The Owner remains responsible for the car stacker and all related costs. The Owner must: (a) assist in facilitating each service and, where required, ensure the car stacker is vacant and accessible at the scheduled service time; (b) pay any additional call-out or attendance cost incurred where servicing cannot be completed at the scheduled time because access was unavailable or the car stacker was not vacant; (c) ensure every user of the car stacker has received adequate training and induction; and (d) promptly report any known fault, damage or safety concern.
The Owner remains responsible for the car stacker and all related costs.
Owners must help with servicing. Who owns, maintains and pays for the equipment still depends on the law, registered by-laws and this agreement’s rules on approving and sharing costs.
Why: The opening sentence says the Owner remains responsible for the machine and all related costs. That is muxh broader than practical cooperation between us with servicing.
(b) pay any additional call-out or attendance cost incurred where servicing cannot be completed at the scheduled time because access was unavailable or the car stacker was not vacant
(b) only pay an extra call-out fee for failing to provide agreed access after adequate written notice. The fee must be reasonable. No fee applies for problems caused by others or beyond an owner’s control. The owner can explain or challenge the fee before collection is forced.
Why: There should be a clear rate card and trigger point with the ability to avoid the cost, this feels unfair to potentially load up with unforeseen fees.
05Non-routine and urgent work
The Strata Company may arrange routine servicing and urgent work reasonably required to address an immediate safety risk. Except in an emergency, repair or replacement work outside routine servicing must first be approved by the Owner in writing.
The Strata Company may arrange routine servicing and urgent work reasonably required to address an immediate safety risk. Except in an emergency, repair or replacement work outside routine servicing must first be approved by the Owner in writing.
Why: The existing emergency exception is sensible but this whole agreement should be limited to just enabling entry to service and then time dedicated to developing a more comprehensive agreement.
06Costs and payment
The Owner authorises recovery of contractor charges, call-out fees, repair costs and reasonable administration expenses incurred for the Owner’s car stacker. Amounts invoiced are payable within 14 days. The Owner remains liable for costs properly incurred before termination.
07Contractors and warranties
The Strata Company acts only as coordinating agent and does not warrant the condition, performance or availability of the car stacker or contractors. Any contractor warranty will be passed to the Owner to the extent available.
08Liability and indemnity
To the extent permitted by law, the Owner indemnifies the Strata Company, Council members, strata manager and representatives against loss, damage, liability, claim or expense arising from the ownership, operation, condition or failure of the car stacker, except to the extent caused by that party’s negligence, breach of duty or wilful misconduct.
09Term and termination
This Agreement begins when signed by both parties and continues until either party gives 30 days’ written notice. Termination does not affect authorised work, incurred costs or accrued rights.
This Agreement begins when signed by both parties and continues until either party gives 30 days’ written notice. Termination does not affect authorised work, incurred costs or accrued rights.
Why: This full agreement should only be for one time until a proper one can be made
10General
This Agreement does not transfer ownership or alter any obligation imposed by law or the scheme by-laws. It is governed by Western Australian law. Any variation must be in writing and agreed by both parties.
What happens when a stacker user wishes to sell his property? And the Strata Plan states that the stackers are common property. Then the purchaser discovers that Strata claim they are lot property. A declaration by Strata has no legal standing. There is a well recognised process to change the status of stackers. Legally they are still common property so any disclosure document to say otherwise would be false and misleading.
Why: Need some sort of work around the law to avoid sale offers being withdrawn due to misleading information disclosed. Most settlement agents would be on to this.
Explain disputed charges in writing and share relevant records, except legally protected material. Both sides must try to resolve the issue and can still seek legal help. If a binding decision or written agreement changes who pays, adjust past payments by its deadline, or within 30 days of settling the amount if none is set. Changing an opinion alone cannot justify extra charges.
Why: This gives no practical ability for reconciling money if the responsibility question is later resolved.