[alinka]

No, it is not me, it is an another owner, whose kitchen cupboards were damaged by water penetration through the common property.

The building insurance is paying for the damage of the cupboards. Some SC members are against for the insurance excess to be paid by the OC and they are asking the owner to cover the insurance excess herself.

They are referring to SSMA 2015, Division 1- Common property, section 5.

Until now, all the insurance claims by other owners, the excess was paid.

[alinka]

Thank you Peter.

I know, the EC doesn’t need to call an EGM, but I think, they should have called an ECM. On the agenda amotion should be placed in regards to the engagement of a solicitor on behalf of the OC. At the ECM the EC should explain the reasons and discuss why in their opinion a lawyer should be engaged. Actually we don’t know if the entire EC (3 members) or only the one member,  who is involved in the issue, requested it.

When I asked our strata manager where and who decided to engage the solicitor to attend the EGM, his answer was “I was instructed by a member of the EC to engage the solicitor and he is not prepared to discuss it further”.

Don’t  the owners have the right to be informed before the EC makes such a decision and is it not a duty of the EC to call an ECM?

once again thank you Peter for you advise.

alinka

[alinka]

Thank you Peter

I understand what you are saying. If the lawyer would be invited to explain something where the entire OC would benefit from, I wouldn’t have any problem with it.

Our chairman chairing the EGM (2015) changed the EGM decision from 2014 without supporting evidence. 2014 it was decided that an issue requires special resolution and he changed it at the EGM 2015 to a standard one what would be in favour in his and other EC member personal issue. Only because of this the EC (he and two supporters) engaged a lawyer without calling an ECM.

This is what I and some other owners have problem with.

Did they need to call an ECM or not?

Alinka

[alinka]

Thank you Jimmy.

i understand your explanation. But my concern is if they could invite the lawyer without conducting the ECM prior to the EGM. So at least we would have the opportunity to ask, why it is necessary for the lawyer to attend the EGM and what the benefit would be for the OC.

One of the lawyer wrote, an ECM must be conducted before the attendance and if 1/3 of the owners will oppose to it, then an GM mus be called where it will be decided by the majority, if the lawyer should attend the EGM.

Alinka

[alinka]

Hello Jimmy
Would you be kind enough to advice me on following.

Can the EC without conducting an ECM decide, if a lawyer can be present at an EGM to advice the OC (actually the EC) and be paid from the OC funds?

At the last EGM, approx. 10 days ago a lawyer attended the meeting. Before the EGM two quotes were emailed to the OC by one of the EC members who wants his balustrade to be replaced. They still are arguing if standard or special resolution should apply.
One of the quotes specifically pointed out that before the attendance at the forthcoming EGM, an ECM must be conducted where 1/3 can opposed to it alternatively it needs to be decided at a GM.

The EC has a spending limit of $2500.00 (day to day issues), the quotes were around $1400.00.
Even if it is in their spending limit, was the EC not obliged to call an ECM, where this should be discussed, eventually voted down?

Before the EGM I wrote to the strata manager and to the EC that in case a lawyer will attend the EGM without prior OC approval (without conducting an ECM) the person/s who will invite the lawyer, should pay for it.
Because the ECM was not called and the lawyer attended the EGM,we (opponents) assumed that he was invited privately.

When I looked at our strata finances few days ago, I noticed that approx.$1300.00 was deducted from our admin fund for legal fees. I asked our strata manager what this figure is for and received following answer,
“I was able to arrange this under my delegation but I consulted with the EC first.”

Can the strata manager do it and what kind of answer is it? He knew that the ECM was not called and he arranged the solicitor, but as excuse, he writes, the EC was consulted!!! 
I should mention that the strata manager is supporting the owners who want to have their balustrades replaced and who at the same time are also members of the EC.

Could you please advice what can be done, so the money can be credited back to the OC funds and who ever organised it will be responsible for the charges.

Alinka

[alinka]

Thank you very much Jimmy. I truly appreciate your advise

alinka

[alinka]

Thank you Dave. It is really not very practical, because many owners could forget what actually the resolutions were.

once again thank you.

Alinka

[alinka]

Thank you Whale.

I will follow your advise.

regards

Alinka

[alinka]

Thank you Whale.

maybe I didn’t express myself properly.

As I was told by the CTTT, the chairman needs to make a correction of my interpretation of the resolution when the minutes are confirmed at the consequent General Meeting.

the Chairman can ask than the OC who is in favour of the correction and who is not. The outcome together with request should be than recorded.

Is this right? I am very sorry to bother you again.

thank you

Alinka

[alinka]

Thank you again Whale. I will do what you are suggesting.

[alinka]

Thank you very much Whale.

Can you also advise me what can be done in regards to our strata manager. This is not the first time that he is not acting according to the strata law. 

Unfortunately the situation in our building is 4 units against 4 units but the bigger units they get their way through with the strata manager support, because of their entitlements, if they are in the right or not.

We have enough proof that the strata manager is always on their side, even if it is not in accordance with the strata law. Very offen when someone from these units is breaking the by-law, he is refusing to do anything. When we make him aware of it, his reply is “sorry, apologies, I didn’t know”.

Can you please advise, what we can be done.

alinka

[alinka]

Thank you Kiwipaul for your advise.

alinka

[alinka]

Thank you Paul for your advise. I really do appreciate it and I will act accordingly when writing to the EC and the strata manager.

once again thank you

Alinka

[alinka]

Thank you for your advise.

Our major issue is that the newly elected EC are doing what they want, not informing the OC and not obeying the protocol. The strata manager is not stopping it, even supporting them.

This is actually the reason, why I asked if we can do something against the EC, how they are conducting their business.

Alinka

[alinka]

Thank you for your reply.

The answers to your questions:

1. The applicants are two individuals, who are now the members of the EC.

2. The action was taken against the OC, but the four opponents are named on the application as well.

3. Yes, the two members of the newly elected EC are the applicants. When they did apply to the NCAT, they were not members of the EC.

This is a short recapitulation of the situation:

We are 8 owners in the building. 2 owners (applicants) wanted to have their balconies upgraded to the new BCA standard and it should be paid by the OC. These two applicants called EGM (25% of unit entitlements) to be voted on the balconies. The previous EC was not consulted on it. The EGM was called with the support of the strata manager, who is on the side of the applicants. The strata manager wanted to resolve the motion by standard resolution, because apparently it is repair and not upgrade. Two reports were done by the OC (structural engineer and from Council) both confirmed the balconies are in no need of repair. After several emails and arguments the strata manager finally admitted special resolution is needed. The motion was dismissed by the strata manager at the EGM.

These two OC members took the OC tho the NCAT. They are asking for the resolution to be changed to a standard resolution and a new general meeting to be conducted.

In the meantime at the AGM the applicants and one of their supporters (the applicants have two supporters) voted themselves by poll voting to be the EC and did not allow the other OC members to be on the Committee, because by unit entitlements they have the majority. (54%).

For your further advise I would be thanksfull.

Can the 4 opponents take the EC to the NCAT, because they didnt  follow the protocol regarding the mediation and didn’t call the required ECM?

alinka

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