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[struggler]

As my complex spirals further and further down the drain pipe of strata, thought I would share the latest.

A solicitor acting for someone buying here enquirer about financials. Old SM said all our paperwork sent on to new SM. New SM surprised as they are not managing us. Appears that our EC hasn’t managed to get around to signing a new agreement form yet. I mean has only been a few months since the old agreement lapsed.

So their inaction could affect the sale. No one knows where documents are, apparently we don’t have a managing agent. Can individual EC members be held accountable for an out of pockets due to this? Oh wait, they’re covered by insurance so they dont have to worry about anything. And that is why we find ourselves in this situation. The EC don’t worry about anything, do anything or get around to anything because its all ok they’re covered.

Now do you believe me that we are up the proverbial creek without a paddle? And do you see why I hope for a ray and light on this forum whilst scanning the real estate pages for an escape?

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[Anonymous]

Struggler, I have been catching up on your postings. When is your ‘day in court’ so to speak? When will we know the results of whatever it is you are doing to set things straight in your apartment complex?

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[Jimmy-T]

Here’s something from left field.  I have been working on the basis that there is no legal compulsion in the Act for Owners Corporations to enforce their by-laws and action their decisions (because there isn’t).

However, I have recently been told by a very authoritative source that individual owners can take the Owners Corp to the CTTT and ask for an order to be made compelling them to do so.

The point that was made strongly to me was that it’s not the EC that you prosecute, it’s the Owners Corp as a whole (albeit that the EC will be expected to represent them and follow through on the order).  Any ruling from the CTTT not only puts the EC under pressure but gives a strata manager a lot of power to push for action and establishes a vital missing step on the road to the appointment of a statutory manager.

One point that was made to me was that it is important to make your initial approaches to the Executive Committee in writing so that their responses, or lack thereof, can form part of your case at the CTTT. The reality, I’m told, is that in most cases the EC will give an undertaking at mediation to move forward on the stuff they’ve been sitting on.  But, of course, you would want that in writing too.

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[struggler]

Though I realize that the EC has no obligation to enforce the by laws, the point I thought I could present is that by not enforcing the parking by laws, and turning a blind eye to residents parking, this then causes damage to the visitors car spots as they are lawn areas. As the EC is required to maintain and keep in good repair common property, they would need to enforce this by law order to do so.

Even if they did start enforcing it, the visitors car park would now need re doing such is the state of it. I would not expect a lawn parking area to be in an immaculate state of repair. But the extra parking placing additional weight on the lawn plus the blocking of sun not to mention that any maintenance is difficult when cars who should not be there are, has caused additional damage. This will now cost money not to mention the area will have to be closed off to all to get it back to a useable state.

And to Not so Crazy Swede, that’s for following my rants, tirades and occasional pity parties regarding my complex. I am compiling my “evidence” and examining all angles to take my complaint about/against the EC/ OC further. I have one other owner on board who is willing to make noise with me. Just one. I had a glimmer of hope last week when a ute pulled up outside. Thought the work outstanding form February would finally start. But alas, it wasn’t. What hope though do I have when owners here believe it is because the SM hasn’t carried out the repairs. It’s the EC that tells the SM to get work done. So everyone here is waiting for the SM to approve, organize and carry out repairs. Everyone including the EC.

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