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We hear lots of stories about over-zealous executive committee members who go too far, but what about EC s that do nothing.
One Flat Chat StrataGuru finds himself with an EC that avoids work with the creative indolence of a trust fund teenager, while his home crumbles around his ears.
QUESTION: “I have an EC who do not get around to doing any work, a complex that is need of repair, full of people who don’t know what has been happening behind the scenes (nothing) and assume someone else is getting the work done,” says Whale.
“So do I demand a time line of works from the EC, quoting the relevant sections of the Act, then tell them if they do not produce this I will take the matter further?
“Do I leave a note for all resident owners telling them the EC has yet again not arranged any works and they will produce more quotes for the same works at the next AGM for the third year in a row? Or should I do both? – Struggler via the Forum.
ANSWER: I’d do both, warning everyone that if they don’t shake up your EC, someone hoping to protect the value of their home will ask the CTTT for the statutory appointment of a strata manager. Overnight they will go from a dilettante democracy to a less than benign dictatorship.
The Statutory manager takes over all roles in the management of the building, the owners – not just the EC – have no say, no votes, no input. And the biggest shock is that from nothing being done at all, suddenly everything is done strictly by the book.
The law says the Owners Corp must maintain and repair common property so work will be initiated and if there aren’t sufficient funds in the bank, special levies will be struck.
And don’t bother complaining – no one is listening because the Owners Corp no longer exists in any real sense.
Your democratic rights are precious – use them or lose them.
You can read a case study about the CTTT’s appointment of a strata manager here although it doesn’t mention the fact that you also have to find a strata manager who is prepared to take on the role before you apply.
Is a statutory manager better or worse than a do-nothing committee? Join the discussion here.
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We entirely agree with Jimmy’s advice. It may be useful for you to engage a building consultant to walk around the building with you and provide you with a detailed list of repair and maintenance items that need to be attended to.
The law is very clear in relation to the obligations of Owners Corporations to repair and maintain common property, which is set out in section 62 of the Strata Schemes Management Act 1996.
In approaching, at first instance, the strata schemes adjudicator for orders that a compulsory appointment of a strata manager be made, that appointment is made under section 162 of the Strata Schemes Management Act 1996. It is one of the few areas where an owner making an application (such as you) does not have to go through the hoop of mediation prior to making the application for a compulsory manager.
As Jimmy says, its amazing how such applications can shift the mind sets of recalcitrant Executive Committees.
Thanks for the advice. So how much would I be up for to get a building consultant to get a report done? When I first found a maintenance issue outside my unit I suggested that the entire complex be inspected for similar problems. To the best of my knowledge this wasn’t done. It is now 7 months since I reported this issue.
I have other maintenance concerns in the complex but am reluctant to report not only because the last maintenance issues are still outstanding, but also I doubt this EC’s capabilities to make a logical decision. The EC has difficulty in comprehending common property let alone the consequences of a maintenance decision. The wrong decision could impact not only the complex as a whole but individual units directly. In the past couple of years they have made some questionable decisions. When asked why the answers did not make sense. Pointing this out only leads to an angry response.
1. Do a search on the internet for building consultants, perhaps those who work on strata issues, phone them, get an idea of the cost and then get one out to do a report.
2. With that report, prepare an application to the Tribunal for a section 62 application and lodge the application. Do a search of tribunal cases on section 62 on austlii to get an idea of how they work.
3. As part of that process you will have the opportunity to mediate. The EC may not wish to, but if they do, attend the mediation and set out your issues.
4. If mediation doesn’t occur or doesn’t reach a resolution, then proceed to the Tribunal.
We sometimes get bogged down with problems and in a way become attached to them. We think of all the reasons why they can’t be solved, or what might happen if some sort of resolution is reached such as not liking aspects of the resolution. One thing is for sure, problems never get solved if we don’t do anything. So do something, and at the very least you can then say you took steps to resolve an issue that clearly distresses you. And who knows, you may get a good result. But you won’t know unless you take those steps.
Thanks Scotlandx for taking the time and effort to send your informative and positive answer to my latest question. Yes someone has to step up to the plate. And it would seems that someone will only be me.
I really appreciate you taking the time to reply and your supportive comments.
The light at the end of my strata tunnel is getting dimmer. I have just re read the information package from our new SM. it states that no action can be taken re breaches of by laws without the EC’s permission. So what happens when the members of the EC are breaching the by laws? I would have to jump through even more hoops and take external action re parking, common property etc, all breaches that members of our current EC have committed, to have the home I thought I would have when I bought into strata.
So I can get a lawyers letter, at cost to me and to the benefit all, a building consultant, at cost to me and to the benefit of all, or I can go to fair trading to have members of the EC found in breach, at cost to me again! With the hopeless EC who doesn’t get around to doing anything, the chances that they find anyone in breach is practically non existent. A letter to the EC regarding one members behavior to an owner in regards to being caught out breaching a by law was met with nothing. No meeting, no minutes, no notice. And it has been noticed that another EC member lets his “friends” breach by laws and uses common property for his own purposes when it suits.
So to have the strata home I thought I had, the strata home I would like to live in, I have to spent my own money and my own time and do it myself. Or sit and watch it all everything go to pot. Sounds just like having a house. All the protections and benefits of strata are useless if there is not a rock solid requirement for it to be followed and enforced. Whats the point of having an EC, or any by laws? There used to be a spotlight at the end of my strata tunnel, now its just a candle flickering in the growing breeze.
Hi Struggler,
My experience with E/Committees is that they often do not have the skills to know how to move forward on maintenance projects especially if they are complex and large. Having that initial report, cost estimates and a plan on how to move forward can be all that it takes to get the ball rolling. This may or may not be the case in your situation
I am happy to consider providing (at no charge) an initial appraisal that you could present to the EC that might help get you started. If you could perhaps tell me the number of units in the strata plan, your location and the typical types of work that of concern, I can advise further.
Regards,
Rob T
Thanks rthornburn. But it is pointless doing anything to pass on to this EC committee. One member we had to call the strata lawyers on for many breaches of by laws incluiding changing common property, destroying common property, not to mention the visitors car parking and using common property for their own purposes. Another EC member has been on the committee for 7 years and still does not understand the concept of common property and believes that iif someone pays for their illegal changes on their unit then thats ok and it’s their problem from now on. Then we have a new owner on the committee. Though I contacted this member about a problem, no correspondence was forthcoming from this person.
I offered to handle some correspondence regarding a breach of by laws for theathirst this was disregarded and the problem was allowed to continue for some weeks. We have had an owner make extensive changes/renovations to their unit obvious to all including the EC because of the skip bin left in the driveway for a week. But that’s ok they are paying for that and no ones car was damaged tirying to get around the skip bin! This is the mentality that I am dealing with. Not to mention the questionable changes made to common property for reasons that don’t exit. No, giving these people anything but a demand to comply with the Act
I was on the committee with these people. With all the knowledge I gained through my own efforts and through flat chat and Jimmy T and passed on to the people in this complex, it has all been for nought. What I need is for this committee to go.
Though this forum is anonymous, I am easily recognizable in the street. I am the one with the flat forehead with tufts of hair missing from each side of my head. The poor decisions making processes here will eventually come back and start to cost money to the owners, and I don’t plan to be around the see it.