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When we started Flat Chat 15 years ago, strata managers were pretty much our Public Enemy No 1 (and we theirs, for that matter).
It’s all my fault. I once had a strata manager who started our AGMs by telling us he had been trained by Mossad to kill with his bare hands (I kid you not).
The next persuaded our committee to sign a contract that said he couldn’t be held responsible in any way for errors he made. He then spent our entire budget on fixing only six of our 60 windows that badly needed repair, .
The one after that wouldn’t do anything except organise our AGMs, collect levies and pay bills.
The next one put our company seal on a contract into which our developer – who also provided our building managers (I know, I know!!) – had slipped an additional clause that meant that if we sacked our corrupt and incompetent building services manager, we had to pay his wages until such times as they found this idiot another job.
By the way, when we tore up the contract and they threatened to sue us, we said “bring it on – this will do wonders for your property sales when it comes out in court.”
So suffice it to say that my early experiences with strata managers were not great.
But then I discovered it didn’t have to be that way. There were good, competent, professional, honest and diligent strata managers if you knew where to find them.
And since then whole profession has matured and grown in depth as well as size and while there are still the odd cowboys, there are plenty of good guys and, increasingly, girls out there. It truly is a profession, and an honourable one at that.
But what do you do about the cowboys who remain, if you are unlucky enough to end up with one?
They are supposed to be controlled by Fair Trading, but they are about as useful as a chocolate teapot in this regard.
Despite all the horror stories of strata managers who have ranged from the incompetent to the wilfully obstructive and corrupt, not one in NSW has ever had their licence terminated just for being really crap at their job.
Strata Community Australia is the professional body for strata managers, but they aren’t going to start sanctioning their own members. They’re there to support strata managers, not discipline them.
So where does that leave us? As the response to this post, fresh in today, explains, you can apply to the Tribunal (NCAT) to have a strata manager’s contract terminated or the terms altered.
Or you can push the nuclear button and have your committee and your strata manager replaced in one fell swoop, again through orders at NCAT.
For some criminally dysfunctional committees with brutally incompetent strata managers, it’s sometimes the only option.
But others might find the cure is worse than the disease. In other words, be careful what you wish for.
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In Queensland our community scheme has recently formed a Face Book page and we invite all lot owners to share in our stories…it is a public page.
SPC Residential Gold Coast It has a picture of a bubbling hot spa.
This is a very large community scheme with many governance issues, especially relating to ignoring the legislation and deposing appointed committee members at the whim of one owner.
Fabulous comment Jimmy T! But in Queensland, what do you do when the committee have breached the code of conduct through lack of knowledge and allowing adjudications to go ahead by ignoring owners; the body corp manager has breached the code of conduct by the same lack of knowledge and refuses to let agitating owners into meetings; and the caretaker also breaches the code of conduct? And then all of them call owners out as vexatious etc…
Where do owners go then? Who has the money or the fortitude to fight their lawyers – who are also your lawyers – because you pay your levies, that pay them?
It becomes a case of move, move, move but vulnerable elderly people cannot keep moving because the former and current, and possibly future committees are incompetent. What do we do? Help?
In Queensland we have a new community scheme Body Corporate Manager who has a virtual office and no physical address to make contact. They have also refused to accept voting papers on email (even though an AGM 2 years ago approved electronic communication). They refused to allow the Secretary to validate the voters for an EGM and gave the job to a solicitor who had no legislative authority to determine the validity of voters or voting papers. As a result, eligible voters from overseas were ruled invalid and the Secretary was voted out of the position by a lot owner who has ‘wooed’ the body corporate manager who is believed to have self interests in controlling the committee. The law for this body corporate is no longer adhered to and anarchy reigns. Concerned owners have lost ground and the power is in the hands of the service providers….once again!
Great article. Just wondering why some committee members are so evil to try to work with body Corp manager to take advantage of their Co-owners
@luckymimi said:
Great article. Just wondering why some committee members are so evil to try to work with body Corp manager to take advantage of their Co-ownersI wonder about that too luckymimi. From a psychological perspective I believe that ‘group think,’ is one of the problems that face committees. For instance, our Secretary agrees with everyone she talks to about the problems of the poor decisions being made by the Committee, and then at meetings she completely reneges on her word, and votes with the men. Regretfully she is the token woman and fear of having her own opinion is her greatest fear. Sad situation.