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[pdsingh]

Hi,
I own a unit in a very large block of units. The caretaker has a 25 year contract as well as management for 2 other large buildings.

The previous executive looked through the caretaker agreement and identified various activites that were not being perfromed. This included both things like cleaning etc but also taking funds for keys for example.

The caretakers then obtained proxies and used this to vote out the previous committee and got one of themselves elected to the committee,with the intent to continue their merry way without owners interference.

The strata manager does not see an issue with this as they are not voting on giving themselves a direct benefit.

Do we have any recourse or we have to get all proxies cancelled and vote them out at the next Agm?

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[Jimmy-T]

Don't even bother with the legal route.  You could try proving the contract was “unconscionable” but the CTTT has, in the past, prove d to be pro-caretaker and anti owners in these issues, so you could be wasting your time, energy and money.

You need to get information out to all owners about what this person is doing to your building.  But remember, non-resident owners generally respond to only one issue – the value of their property.

So don’t make it about personalities or historical grudges. Instead, get quotes from local real estate agents about how much more owners could get in rents and sales if the building was properly managed. 

Then a couple of weeks before the AGM, you and your supporters should send this information out by mail, plus your list of preferred EC members, with proxy forms and stamped addresses envelopes for their return. If you can, blindside the caretaker and his cronies.

All new proxies cancel out previous ones so your “slate” will be elected and you can start getting your caretaker back to work.

Once that is sorted out, the Owners Corp should raise the money to buy the contract from the Caretaker, then you can employ the next one and they'll be working for you, as it should be.

The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.

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