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[Jimmy-T]

Balcony bonker, broken payment system, unfair unit entitlements, bad strata manager and committee want new owners to pay for old reno by-laws.

[See the full original blog post at: Forum: Broken balcony exposes strata treasurer To comment on the post, click on reply here.]

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[Jimmy-T]

Regardless of all the other bits of strata law arounf the requirement to maintain and repair common property, you treasurer is overstepping his authority and inventing laws that don’t exist.  First have a strata committee meeting where you have an item on the agenda declaring the position of treasurer vacant and electing a replacement.  Then hold an EGM with one item on the agenda – removal of the treasurer from the committee.  A simple majority is enough.

If he refuses to go, seek mediations and orders under Section 238 removing him from the office of treasurer and form the committee.

238   Orders relating to strata committee and officers

(1)  The Tribunal may, on its own motion or on application by an interested person, make any of the following orders—

(a)  an order removing a person from a strata committee,

(b)  an order prohibiting a strata committee from determining a specified matter and requiring the matter to be determined by resolution of the owners corporation,

(c)  an order removing one or more of the officers of an owners corporation from office and from the strata committee.

(2)  Without limiting the grounds on which the Tribunal may order the removal from office of a person, the Tribunal may remove a person if it is satisfied that the person has—

(a)  failed to comply with this Act or the regulations or the by-laws of the strata scheme, or

(b)  failed to exercise due care and diligence, or engaged in serious misconduct, while holding the office.

If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. 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. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.

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