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The second half of 2016…and a new ploy by our Executive Committee, with the Chairman still threatening to sue me. This follows straight on from formal letters to me from Lawyers representing our former careTAKER who had Orders including a Penal Notice issued against him by the Land and Envirionment Court.
Every time I submit written requests for Motions to be put to the Executive Committee at either a ECM or General Meeting the response is that “privileged legal advice” rules all the Motions Out of Order. No details are provided of the Lawyer/Legal Firm who has provided this advice or the cost to the Owners Corp for this “privileged legal advice”. And as it’s privileged, one can’t see or know the contents of why the Motions are all deemed ‘Our of Order’.
I recently submitted the headings for Motions to be put to the Executive Committee, followed by explanatory text and asked that the Motions be put on the Agenda in a fashion acceptable to the Executive Committee. The headings were listed on an Agenda, with the following: “Explanation – no explanation provided by (named) Owner of Lot (number) Unit (number).
The EC Meeting is held, every Item/Request for Motion is noted in the Minutes with: RESOLVED THAT the Chairman ruled the motion Our of Order – not taking the form of a motion.
The months go by, all breaches of legislation are dismissed in this fashion, the EC Resolves numerous matters which are not included in the Agenda, a quorum is not reached, the NCAT won’t hear of appointing a compulsory Strata Managing Agent as this is a “draconian measure”. If this is the case, why then is one permitted to pay for and request such an Order?
One wonders if the NCAT lets all this and much much more continue in our Owners Corporation because the EC Chairman is a former State Politician and there are multiple State MPs amongst his cronies? And why can an NCAT Adjudicator correctly name everyone – multiple submissions received – involved in a Request for Orders yet omit one name: that of a serving State MP?
JimmyT’s quote from 08/12/2015 above rings in my ears: “Considering this is one of the worst cases of EC incompetence, illegal behaviour and action bordering on corruption that I have come across in 12 years of writing about strata, I think it’s time the “great and the good” in your building were brought to book.”
There’s got to be an ABC mini-series similar to Utopia. Strata is just ripe for the picking!