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[Millie]

Our building manager has been using three areas of common property for 15 years for his own commercial benefit without any authority from or payment to the Owners Corporation.  When asked about this he says that neither he nor any of his staff have ever had the keys or any access to these areas; despite the fact that we have photographic evidence that he has the areas stacked to the ceilings.  The EC ignores our correspondence on the issue.  The building manager is breaching the law – yes? And he does owe the OC monies for the use of these areas plus electricity etc – yes?  What can we do?

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[Jimmy-T]

You have answered your own question in another post (you cut and pasted the web page address and used it as a title, so the post is no longer accessible) and that is to apply for the statutory appointment of a strata manager on the grounds that the building is not being managed for the benefit of the majority of owners, the EC is seriously dysfunctional and the building manager can’t be trusted.

To get the CTTT to agree to statutory appointment, you have to have a strata manager who will agree to take over the role.  In your other question you asked if you could provide a shortlist of possible managers.  The simple answer is, if they have all agreed to run the place if appointed, I can’t see why not.  However, it would be much easier to get one good strata manger with an exemplary reputation who is prepared to help you before and after the CTTT application.

In cases like yours, some buildings have had their existing strata manager appointed, when they can show that they were trying to do the right thing but were prevented from doing their job by a corrupt caretaker/building manager and a compliant EC.

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[Millie]

@JimmyT said:
You have answered your own question in another post (you cut and pasted the web page address and used it as a title, so the post is no longer accessible) and that is to apply for the statutory appointment of a strata manager on the grounds that the building is not being managed for the benefit of the majority of owners, the EC is seriously dysfunctional and the building manager can’t be trusted.

To get the CTTT to agree to statutory appointment, you have to have a strata manager who will agree to take over the role.  In your other question you asked if you could provide a shortlist of possible managers.  The simple answer is, if they have all agreed to run the place if appointed, I can’t see why not.  However, it would be much easier to get one good strata manger with an exemplary reputation who is prepared to help you before and after the CTTT application.

In cases like yours, some buildings have had their existing strata manager appointed, when they can show that they were trying to do the right thing but were prevented from doing their job by a corrupt caretaker/building manager and a compliant EC.

I think I’ve stuck a problem…I haven’t fully explained:  

We do have a strata manager, who is colluding with the Caretaker and the new Executive Committee.  

We have Mediation/Adjudication scheduled.  What are the order of steps we can ask an Adjudicator to take:

Can an Adjudicator Terminate the Caretaker’s Agreement if he/she finds it unjust and/or finds the Caretaker is acting improperly?

Can an Adjudicator Terminate the Strata Manager’s Agreement if he/she finds it unjust and/or finds the SM is acting improperly?

Can an Adjudicator call for an Extraordinary General Meeting so we can attempt to vote out the current EC?

Thanks again

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